(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.
As added by P.L.126-2012, SEC.54. Amended by P.L.158-2013, SEC.511; P.L.84-2022, SEC.17; P.L.72-2023, SEC.12.