Arizona criminal charge
Escape in the second degree in Arizona
Current through 2026 Arizona legislative session
Escape in the second degree is a criminal offense under Arizona law, defined by A.R.S. § 13-2503. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-2503.
What is the penalty for escape in the second degree in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 9 months to 24 months (Escape from juvenile secure care or detention facility — Applies when the escape or attempted escape is from a juvenile secure care facility or juvenile detention facility under subsection A.1.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Escape from juvenile secure care or detention facility — Applies when the escape or attempted escape is from a juvenile secure care facility or juvenile detention facility under subsection A.1.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Escape from felony custody — Applies when the escape or attempted escape is from custody imposed after arrest for, charge of, or conviction of a felony under subsection A.2.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Escape from felony custody — Applies when the escape or attempted escape is from custody imposed after arrest for, charge of, or conviction of a felony under subsection A.2.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Escape from Arizona state hospital (title 36, chapter 37 commitment) — Applies when the escape or attempted escape is from the Arizona state hospital by a person committed under title 36, chapter 37 pursuant to subsection A.4.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Escape from Arizona state hospital (title 36, chapter 37 commitment) — Applies when the escape or attempted escape is from the Arizona state hospital by a person committed under title 36, chapter 37 pursuant to subsection A.4.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Attempted escape from adult correctional facility — Applies when the offense is an attempt to escape from an adult correctional facility under subsection A.5.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Attempted escape from adult correctional facility — Applies when the offense is an attempt to escape from an adult correctional facility under subsection A.5.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | up to 4 months (Escape from Arizona state hospital (criminal commitment) — Applies when the escape or attempted escape is from the Arizona state hospital by a person committed for treatment under section 8-291.09, 13-502, 13-3992, 13-4507, 13-4512, 31-226, or Rule 11, pursuant to subsection A.3.; definite term served outside state prison (13-707(A)(2)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $750 (Escape from Arizona state hospital (criminal commitment) — Applies when the escape or attempted escape is from the Arizona state hospital by a person committed for treatment under section 8-291.09, 13-502, 13-3992, 13-4507, 13-4512, 31-226, or Rule 11, pursuant to subsection A.3.; 13-802(B)) | discretionary | A.R.S. § 13-707 |
Applies to first felony offense, non-dangerous; presumptive term 1.5 years.
How is escape in the second degree classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Escape from juvenile secure care or detention facility | Class 5 Felony | Applies when the escape or attempted escape is from a juvenile secure care facility or juvenile detention facility under subsection A.1. | A.R.S. § 13-2503B |
| Escape from felony custody | Class 5 Felony | Applies when the escape or attempted escape is from custody imposed after arrest for, charge of, or conviction of a felony under subsection A.2. | A.R.S. § 13-2503B |
| Escape from Arizona state hospital (title 36, chapter 37 commitment) | Class 5 Felony | Applies when the escape or attempted escape is from the Arizona state hospital by a person committed under title 36, chapter 37 pursuant to subsection A.4. | A.R.S. § 13-2503B |
| Attempted escape from adult correctional facility | Class 5 Felony | Applies when the offense is an attempt to escape from an adult correctional facility under subsection A.5. | A.R.S. § 13-2503B |
| Escape from Arizona state hospital (criminal commitment) | Class 2 Misdemeanor | Applies when the escape or attempted escape is from the Arizona state hospital by a person committed for treatment under section 8-291.09, 13-502, 13-3992, 13-4507, 13-4512, 31-226, or Rule 11, pursuant to subsection A.3. | A.R.S. § 13-2503B |
Common questions about escape in the second degree in Arizona
Is escape in the second degree a felony or a misdemeanor in Arizona?
It depends on the circumstances: escape in the second degree ranges from a Class 2 Misdemeanor to a Class 5 Felony in Arizona under A.R.S. § 13-2503.
Escape from juvenile secure care or detention facility: Class 5 Felony (A.R.S. § 13-2503B) · Escape from felony custody: Class 5 Felony (A.R.S. § 13-2503B) · Escape from Arizona state hospital (title 36, chapter 37 commitment): Class 5 Felony (A.R.S. § 13-2503B) · Attempted escape from adult correctional facility: Class 5 Felony (A.R.S. § 13-2503B) · Escape from Arizona state hospital (criminal commitment): Class 2 Misdemeanor (A.R.S. § 13-2503B)
What are the penalties for escape in the second degree in Arizona?
Which Arizona statute covers escape in the second degree?
Escape in the second degree is governed by A.R.S. § 13-2503 (Escape in the second degree; classification).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.