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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 4. (a) This section does not apply to a child who:
(1) flees from lawful detention (as defined in IC 35-31.5-2-186) where the child has been placed;
(2) violates a home detention order imposed on the child;
(3) removes, disables, or interferes with the operation of an electronic monitoring device or GPS tracking device that the child is required to wear; or
(4) fails to return to lawful detention following temporary leave granted for a specified purpose or limited period;
due to an allegation or adjudication that the child committed an act described in IC 31-37-2-3 through IC 31-37-2-7 (status offenses), unless the child, while committing the offense, draws or uses a deadly weapon or inflicts bodily injury on another person.
(b) A person, except as provided in subsection (c), who intentionally flees from lawful detention commits escape, a Level 5 felony. However, the offense is a Level 4 felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person.
(c) A person who:
(1) knowingly or intentionally:
(A) leaves the person's home;
(B) remains outside of the person's home; or
(C) travels to an unauthorized location;
in violation of a home detention order and without written or documented authorization by the supervising entity; or
(2) knowingly or intentionally removes, disables, or interferes with the operation of an electronic monitoring device or GPS tracking device;
commits escape, a Level 6 felony.
(d) A person who knowingly or intentionally fails to return to lawful detention following temporary leave granted for a specified purpose or limited period commits failure to return to lawful detention, a Level 6 felony. However, the offense is a Level 5 felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person.
Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-44.1-3-4 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-44-1-3-4/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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