Selected Statutes: Indiana

Sec. 4. (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.