4.404 — ESCAPE FROM CUSTODY
Violations of "Statute 4.404" results in a Class A Misdemeanor
(a) Definitions
A person commits the offense of escape from custody when they unlawfully flee, attempt to flee, or remove themselves from lawful detention, arrest, or confinement without proper authorization. This includes, but is not limited to:
Escaping from a police officer’s custody while under arrest.
Fleeing from a detention facility, holding cell, or transport vehicle.
Failing to return to custody when required, such as after a temporary release or furlough.
(b) Elements
To establish the offense, the prosecution must prove beyond a reasonable doubt that:
The defendant was lawfully placed in custody, under arrest, or confined in a detention facility.
The defendant knowingly and intentionally removed themselves from such custody without lawful permission.
The escape was not the result of an accident, coercion, or legal justification.
(c) Defenses
A person shall not be found guilty of escape from custody if:
They were unlawfully detained or arrested without probable cause.
They reasonably believed remaining in custody would result in imminent and serious bodily harm, provided they surrendered at the earliest opportunity.
Their departure was due to coercion, duress, or involuntary movement.
(d) Aggravating Factors
The court shall impose enhanced penalties if the escape involved:
The use or attempted use of force against law enforcement or correctional staff.
The use of weapons or tools to facilitate the escape.
Collusion with others to organize or aid in the escape.
Escape from a secure correctional facility, prison, or during transport.
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