Utah criminal charge
Escape in Utah
Escape is a criminal offense under Utah law, defined by Utah Code Ann. § 76-8-309. Its classification is not fixed: Utah 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 Utah Code Ann. § 76-8-309.
What is the penalty for escape in Utah?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Escape from official custody (general) — A violation of Subsection (2)(a) — leaving official custody without lawful authorization or tampering with a tracking device — is a third degree felony unless Subsection (3)(b) or Section 76-8-309.1 applies.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $5,000 (Escape from official custody (general) — A violation of Subsection (2)(a) — leaving official custody without lawful authorization or tampering with a tracking device — is a third degree felony unless Subsection (3)(b) or Section 76-8-309.1 applies.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Escape from state prison confinement — 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 at the designated time.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Escape from state prison confinement — 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 at the designated time.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
| Jail / prison | 1 years to 15 years (Employee or volunteer party to escape — A violation of Subsection (2)(b), where an agency employee or volunteer is convicted as a party to an escape offense, is a second degree felony.; indeterminate prison term, unless the statute provides otherwise; actual release is determined by the Board of Pardons and Parole) | discretionary | Utah Code Ann. § 76-3-203 |
| Fine | up to $10,000 (Employee or volunteer party to escape — A violation of Subsection (2)(b), where an agency employee or volunteer is convicted as a party to an escape offense, is a second degree felony.; greater amounts may be specifically authorized by statute (Utah Code Ann. § 76-3-301)) | discretionary | Utah Code Ann. § 76-3-203 |
Applies to current (2026 General Session).
How is escape classified in Utah?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Escape from official custody (general) | Third Degree Felony | A violation of Subsection (2)(a) — leaving official custody without lawful authorization or tampering with a tracking device — is a third degree felony unless Subsection (3)(b) or Section 76-8-309.1 applies. | Utah Code Ann. § 76-8-309(3)(a) |
| Escape from state prison confinement | Second Degree Felony | 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 at the designated time. | Utah Code Ann. § 76-8-309(3)(b) |
| Employee or volunteer party to escape | Second Degree Felony | A violation of Subsection (2)(b), where an agency employee or volunteer is convicted as a party to an escape offense, is a second degree felony. | Utah Code Ann. § 76-8-309(3)(c) |
Common questions about escape in Utah
Is escape a felony or a misdemeanor in Utah?
It depends on the circumstances: escape ranges from a Third Degree Felony to a Second Degree Felony in Utah under Utah Code Ann. § 76-8-309.
Escape from official custody (general): Third Degree Felony (Utah Code Ann. § 76-8-309(3)(a)) · Escape from state prison confinement: Second Degree Felony (Utah Code Ann. § 76-8-309(3)(b)) · Employee or volunteer party to escape: Second Degree Felony (Utah Code Ann. § 76-8-309(3)(c))
What are the penalties for escape in Utah?
Penalties for escape in Utah depend on how it is classified — from a Third Degree Felony up to a Second Degree Felony — with the ranges set by Utah Code Ann. § 76-3-203; the full table of ranges by variant is published on this page.
Which Utah statute covers escape?
Escape is governed by Utah Code Ann. § 76-8-309 (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.