Utah Code » Title 76, Chapter 8 — Offenses Against the Administration of Government; part 76-8-3 — Obstructing Governmental Operations
Utah Code

Utah Code § 76-8-309 (2026)

Escape

✓ current as of May 2026
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As used in this section:
"Agency" means a law enforcement agency, the Department of Corrections, a county or district attorney's office, the Office of the Attorney General, the Board of Pardons and Parole, or the judicial branch, including the Judicial Council, the Administrative Office of the Courts, or a similar administrative unit of the judicial branch.
"Confinement in a state prison" means:
the individual is housed in a state prison, or any other facility in accordance with a contract with the Department of Corrections or Section 80-6-507, after being sentenced and committed;
the individual's sentence has not been terminated or voided; and
the individual is not on parole;
the individual is being housed in a county jail, after felony commitment, in accordance with a contract with the Department of Corrections;
the individual is on parole and the individual is in prehearing custody after an arrest for a parole violation;
the individual is housed in a state prison and is being transported as a prisoner in the state prison by a correctional officer; or
the individual is housed in a state prison, or any other facility in accordance with a contract with the Department of Corrections or Section 80-6-507, and the individual is permitted to leave temporarily for a work release or home visit and is required to return at a designated time.
"Lawful authorization" does not include authorization to leave official custody, or to remove or disable a tracking device, if the authorization was obtained by means of deceit, fraud, or other artifice.
"Offender" means an individual who is in official custody.
"Offender" includes an individual who is under trusty status.
"Official custody" means:
confinement in a state prison;
the individual is lawfully detained in a facility for secure confinement of minors that is operated by the Division of Juvenile Justice and Youth Services;
the individual is lawfully detained in a county jail before trial or sentencing or the individual is housed in a county jail after sentencing and commitment;
the individual's sentence has not been terminated or voided; and
the individual is not on parole or probation;
the individual is lawfully detained following an arrest regardless of whether the individual was arrested with or without a warrant; or
the individual is on probation and the individual is in prehearing custody after an arrest for a probation violation.
"Tracking device" means a device that reveals the device's location or movement by the transmission or recording of an electronic signal.
"Tracking device" includes a satellite-based radio navigation system.
"Volunteer" means a person who donates service without pay or other compensation except for expenses actually and reasonably incurred with approval by the supervising agency.
Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
An actor commits escape if the actor:
is an offender who, without lawful authorization:
leaves official custody; or
intentionally or knowingly removes, disables, or permits the removal or disabling of, a tracking device that is installed or employed as an alternative to incarceration; or
is convicted as a party to an offense under this section, as described in Section 76-2-202; and
is an employee at, or a volunteer of, an agency.
Except as provided by Subsection (3)(b) or Section 76-8-309.1, a violation of Subsection (2)(a) is a third degree felony.
Except as provided by Section 76-8-309.1, a violation of Subsection (2)(a) is a second degree felony if the actor leaves confinement in a state prison without lawful authorization, including failing to return from a work release or home visit by the time designated for return.
Except as provided in Section 76-8-309.1, a violation of Subsection (2)(b) is a second degree felony.
For purposes of an attempt to commit an escape under Section 76-4-102, the conception of the design to escape is conduct constituting a substantial step toward the commission of the crime.
For purposes of a conspiracy to commit an escape under Section 76-4-201, the conception of the design to escape is an overt act in pursuance of the conspiracy to commit the crime.
For an inchoate offense of escape, an escape is considered a continuing activity that commences with the conception of the design to escape and continues until the actor's attempt to escape is thwarted or abandoned or the actor commits the escape as described in Subsection (2)(a).
For a completed offense of escape, an escape is considered a continuing activity that commences when the actor commits an escape as described in Subsection (2)(a) and continues until the actor is returned to official custody or the actor's escape is thwarted or abandoned.
A court sentencing an actor for a violation of this section shall impose a consecutive sentence to any other sentence the actor is either serving or ordered to serve.
Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1981–2021 · leading case: State v. Germonto, 2003 UT App 217 (Utah Ct. App. 2003).
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State v. Germonto, 2003 UT App 217 (Utah Ct. App. 2003). · cites it 73× “[2] Subsection (7)(a) further defines "confinement" as "housed in a state prison." Id. § 76-8-309(7)(a)(i). Thus, to be guilty of escape, an inmate must leave his confinement or housing in the prison.”
State v. Richardson, 139 P.3d 278 (Utah Ct. App. 2006). · cites it 21× “See Utah Code Ann. § 76-8-309 (Supp.2005). We reverse and remand to the district court to vacate Defendant’s conviction.”
State v. Silva, 2000 UT App 292 (Utah Ct. App. 2000). · cites it 8× “§ 76-10-1801 (1999), and attempted escape, in violation of Utah Code Ann. § 76-8-309 (1999). BACKGROUND ¶ 2 In July of 1998, Silva was an inmate at Davis County Jail where he was being held subject to $25,000 bail.”
State v. Johnson, 784 P.2d 1135 (Utah 1989). · cites it 4× “[49] See Utah Code Ann. § 76-8-309 (1978).”
State v. Gardner, 789 P.2d 273 (Utah 1989). · cites it 2× “…attempted first degree murder, § 76-5-202(1)(e), (h), & (k); aggravated kidnapping, § 76-5-302(1)(a), (b); escape, § 76-8-309; and possession of a dangerous weapon by an incarcerated person, § 76-10-503(2). The charges stem from an incident that occurred on April 2, 1985.…”
State v. Tuttle, 713 P.2d 703 (Utah 1985). · cites it 2× “, 1953, § 76-8-309 (1978 ed.). Nothing in the law warrants this Court's imposing an additional punishment for escape.”
State v. Tuttle, 730 P.2d 630 (Utah 1986). · cites it 3× “lie was charged with escaping from official custody in violation of section 76-8-309 of the Code. U.C.A., 1953, § 76-8-309 (Repl.”
State v. Roth, 2001 UT 103 (Utah 2001). · cites it 2× “§ 76-8-309(1); see also State v. Silva, 2000 UT App.”
State v. Harding, 635 P.2d 33 (Utah 1981). “Harding, appeals his jury conviction and sentence for the crime of escape, a violation of § 76-8-309, U.C.A.1953. On June 24, 1979, the defendant was in custody at the Utah State Prison.”
State v. Viles, 702 P.2d 1175 (Utah 1985). · cites it 2× “, 1953, § 76-8-309(1) and § 76-8-309(2)(b) (1978 ed.”
State v. Trujillo, 656 P.2d 403 (Utah 1982). “, 1953, § 76-8-309. 2 . A first degree felony in violation of U.”
Jacobson v. State, 786 P.2d 388 (Alaska Ct. App. 1990). “07 (Vernon 1974), applying escape statute to "[a] person arrested for, charged with, or convicted of_ Utah Code Ann. § 76-8-309 (1978), defines “official custody” to mean "arrest, custody in a penal institution_”; Wash.”
Show all 15 citing cases →
— Utah Code § 76-8-309(1) — 4 cases
State v. Roth, 2001 UT 103 (Utah 2001). “§ 76-8-309(1); see also State v. Silva, 2000 UT App.”
State v. Germonto, 2003 UT App 217 (Utah Ct. App. 2003). “[2] Subsection (7)(a) further defines "confinement" as "housed in a state prison." Id. § 76-8-309(7)(a)(i). Thus, to be guilty of escape, an inmate must leave his confinement or housing in the prison.”
State v. Viles, 702 P.2d 1175 (Utah 1985). “, 1953, § 76-8-309(1) and § 76-8-309(2)(b) (1978 ed.”
United States v. Michael Helmick, 424 F. App'x 373 (5th Cir. 2011).
— Utah Code § 76-8-309(2)(b) — 1 case
State v. Viles, 702 P.2d 1175 (Utah 1985). “, 1953, § 76-8-309(1) and § 76-8-309(2)(b) (1978 ed.”
— Utah Code § 76-8-309(4)(c) — 1 case
State v. Richardson, 139 P.3d 278 (Utah Ct. App. 2006). “See Utah Code Ann. § 76-8-309 (Supp.2005). We reverse and remand to the district court to vacate Defendant’s conviction.”
— Utah Code § 76-8-309(7) — 1 case
State v. Germonto, 2003 UT App 217 (Utah Ct. App. 2003). “[2] Subsection (7)(a) further defines "confinement" as "housed in a state prison." Id. § 76-8-309(7)(a)(i). Thus, to be guilty of escape, an inmate must leave his confinement or housing in the prison.”
— Utah Code § 76-8-309(7)(a) — 1 case
State v. Germonto, 2003 UT App 217 (Utah Ct. App. 2003). “[2] Subsection (7)(a) further defines "confinement" as "housed in a state prison." Id. § 76-8-309(7)(a)(i). Thus, to be guilty of escape, an inmate must leave his confinement or housing in the prison.”
— Utah Code § 76-8-309(7)(a)(i) — 1 case
State v. Germonto, 2003 UT App 217 (Utah Ct. App. 2003). “[2] Subsection (7)(a) further defines "confinement" as "housed in a state prison." Id. § 76-8-309(7)(a)(i). Thus, to be guilty of escape, an inmate must leave his confinement or housing in the prison.”
— Utah Code § 76-8-309(7)(b) — 2 cases
State v. Roth, 2001 UT 103 (Utah 2001). “§ 76-8-309(1); see also State v. Silva, 2000 UT App.”
State v. Germonto, 2003 UT App 217 (Utah Ct. App. 2003). “[2] Subsection (7)(a) further defines "confinement" as "housed in a state prison." Id. § 76-8-309(7)(a)(i). Thus, to be guilty of escape, an inmate must leave his confinement or housing in the prison.”
— Utah Code § 76-8-309(7)(i) — 1 case
State v. Germonto, 2003 UT App 217 (Utah Ct. App. 2003). “[2] Subsection (7)(a) further defines "confinement" as "housed in a state prison." Id. § 76-8-309(7)(a)(i). Thus, to be guilty of escape, an inmate must leave his confinement or housing in the prison.”
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