Indiana criminal charge
Escape in Indiana
Escape is a criminal offense under Indiana law, defined by Ind. Code § 35-44.1-3-4. Its classification is not fixed: Indiana 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 Ind. Code § 35-44.1-3-4.
What is the penalty for escape in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Escape from lawful detention — A person intentionally flees from lawful detention, without drawing/using a deadly weapon or inflicting bodily injury.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Escape from lawful detention — A person intentionally flees from lawful detention, without drawing/using a deadly weapon or inflicting bodily injury.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Escape from lawful detention with deadly weapon or bodily injury — A person intentionally flees from lawful detention while drawing or using a deadly weapon or inflicting bodily injury on another person.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Escape from lawful detention with deadly weapon or bodily injury — A person intentionally flees from lawful detention while drawing or using a deadly weapon or inflicting bodily injury on another person.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 6 months to 30 months (Violation of home detention order or tampering with monitoring device — A person knowingly or intentionally violates a home detention order by leaving, remaining outside, or traveling to an unauthorized location without authorization, or knowingly/intentionally disables or interferes with an electronic monitoring or GPS device.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Violation of home detention order or tampering with monitoring device — A person knowingly or intentionally violates a home detention order by leaving, remaining outside, or traveling to an unauthorized location without authorization, or knowingly/intentionally disables or interferes with an electronic monitoring or GPS device.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Failure to return to lawful detention — A person knowingly or intentionally fails to return to lawful detention following temporary leave granted for a specified purpose or limited period, without drawing/using a deadly weapon or inflicting bodily injury.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Failure to return to lawful detention — A person knowingly or intentionally fails to return to lawful detention following temporary leave granted for a specified purpose or limited period, without drawing/using a deadly weapon or inflicting bodily injury.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Failure to return to lawful detention with deadly weapon or bodily injury — A person fails to return to lawful detention following temporary leave while drawing or using a deadly weapon or inflicting bodily injury on another person.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Failure to return to lawful detention with deadly weapon or bodily injury — A person fails to return to lawful detention following temporary leave while drawing or using a deadly weapon or inflicting bodily injury on another person.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is escape classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Escape from lawful detention | Level 5 Felony | A person intentionally flees from lawful detention, without drawing/using a deadly weapon or inflicting bodily injury. | Ind. Code § 35-44.1-3-4(b) |
| Escape from lawful detention with deadly weapon or bodily injury | Level 4 Felony | A person intentionally flees from lawful detention while drawing or using a deadly weapon or inflicting bodily injury on another person. | Ind. Code § 35-44.1-3-4(b) |
| Violation of home detention order or tampering with monitoring device | Level 6 Felony | A person knowingly or intentionally violates a home detention order by leaving, remaining outside, or traveling to an unauthorized location without authorization, or knowingly/intentionally disables or interferes with an electronic monitoring or GPS device. | Ind. Code § 35-44.1-3-4(c) |
| Failure to return to lawful detention | Level 6 Felony | A person knowingly or intentionally fails to return to lawful detention following temporary leave granted for a specified purpose or limited period, without drawing/using a deadly weapon or inflicting bodily injury. | Ind. Code § 35-44.1-3-4(d) |
| Failure to return to lawful detention with deadly weapon or bodily injury | Level 5 Felony | A person fails to return to lawful detention following temporary leave while drawing or using a deadly weapon or inflicting bodily injury on another person. | Ind. Code § 35-44.1-3-4(d) |
Common questions about escape in Indiana
Is escape a felony or a misdemeanor in Indiana?
It depends on the circumstances: escape ranges from a Level 6 Felony to a Level 4 Felony in Indiana under Ind. Code § 35-44.1-3-4.
Escape from lawful detention: Level 5 Felony (Ind. Code § 35-44.1-3-4(b)) · Escape from lawful detention with deadly weapon or bodily injury: Level 4 Felony (Ind. Code § 35-44.1-3-4(b)) · Violation of home detention order or tampering with monitoring device: Level 6 Felony (Ind. Code § 35-44.1-3-4(c)) · Failure to return to lawful detention: Level 6 Felony (Ind. Code § 35-44.1-3-4(d)) · Failure to return to lawful detention with deadly weapon or bodily injury: Level 5 Felony (Ind. Code § 35-44.1-3-4(d))
What are the penalties for escape in Indiana?
Penalties for escape in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 4 Felony — with the ranges set by Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.
Which Indiana statute covers escape?
Escape is governed by Ind. Code § 35-44.1-3-4 (Escape).
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.