Ohio § 2921.34

§ 2921.34.

(A)(1) No person, knowing the person is under detention, other than supervised release detention,

or being reckless in that regard, shall purposely break or attempt to break the detention,

or purposely fail to return to detention, either following temporary leave granted

for a specific purpose or limited period, or at the time required when serving a sentence

in intermittent confinement. (2)(a) Division (A)(2)(b) of this section applies to any person who is sentenced to a prison

term pursuant to division (A)(3) or (B) of section 2971.03 of the Revised Code . (b) No person to whom this division applies, for whom the requirement that the entire

prison term imposed upon the person pursuant to division (A)(3) or (B) of section 2971.03 of the Revised Code be served in a state correctional institution has been modified pursuant to section 2971.05 of the Revised Code , and who, pursuant to that modification, is restricted to a geographic area, knowing

that the person is under a geographic restriction or being reckless in that regard,

shall purposely leave the geographic area to which the restriction applies or purposely

fail to return to that geographic area following a temporary leave granted for a specific

purpose or for a limited period of time. (3) No person, knowing the person is under supervised release detention or being reckless

in that regard, shall purposely break or attempt to break the supervised release detention

or purposely fail to return to the supervised release detention, either following

temporary leave granted for a specific purpose or limited period, or at the time required

when serving a sentence in intermittent confinement. (B) Irregularity in bringing about or maintaining detention, or lack of jurisdiction

of the committing or detaining authority, is not a defense to a charge under this

section if the detention is pursuant to judicial order or in a detention facility.  In the case of any other detention, irregularity or lack of jurisdiction is an affirmative

defense only if either of the following occurs: (1) The escape involved no substantial risk of harm to the person or property of another. (2) The detaining authority knew or should have known there was no legal basis or authority

for the detention. (C) Whoever violates this section is guilty of escape. (1) If the offender violates division (A)(1) or (2) of this section, if the offender,

at the time of the commission of the offense, was under detention as an alleged or

adjudicated delinquent child or unruly child, and if the act for which the offender

was under detention would not be a felony if committed by an adult, escape is a misdemeanor

of the first degree. (2) If the offender violates division (A)(1) or (2) of this section and if either the

offender, at the time of the commission of the offense, was under detention in any

other manner or the offender is a person for whom the requirement that the entire

prison term imposed upon the person pursuant to division (A)(3) or (B) of section 2971.03 of the Revised Code be served in a state correctional institution has been modified pursuant to section 2971.05 of the Revised Code , escape is one of the following: (a) A felony of the second degree, when the most serious offense for which the person

was under detention or for which the person had been sentenced to the prison term

under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),

(b), (c), or (d) of section 2971.03 of the Revised Code is aggravated murder, murder,

or a felony of the first or second degree or, if the person was under detention as

an alleged or adjudicated delinquent child, when the most serious act for which the

person was under detention would be aggravated murder, murder, or a felony of the

first or second degree if committed by an adult; (b) A felony of the third degree, when the most serious offense for which the person

was under detention or for which the person had been sentenced to the prison term

under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),

(b), (c), or (d) of section 2971.03 of the Revised Code is a felony of the third,

fourth, or fifth degree or an unclassified felony or, if the person was under detention

as an alleged or adjudicated delinquent child, when the most serious act for which

the person was under detention would be a felony of the third, fourth, or fifth degree

or an unclassified felony if committed by an adult; (c) A felony of the fifth degree, when any of the following applies: (i) The most serious offense for which the person was under detention is a misdemeanor. (ii) The person was found not guilty by reason of insanity, and the person's detention

consisted of hospitalization, institutionalization, or confinement in a facility under

an order made pursuant to or under authority of section 2945.40 , 2945.401 , or 2945.402 of the Revised Code . (d) A misdemeanor of the first degree, when the most serious offense for which the person

was under detention is a misdemeanor and when the person fails to return to detention

at a specified time following temporary leave granted for a specific purpose or limited

period or at the time required when serving a sentence in intermittent confinement. (3) If the offender violates division (A)(3) of this section, except as otherwise provided

in this division, escape is a felony of the fifth degree.  If the offender violates division (A)(3) of this section and if, at the time of

the commission of the offense, the most serious offense for which the offender was

under supervised release detention was aggravated murder, murder, any other offense

for which a sentence of life imprisonment was imposed, or a felony of the first or

second degree, escape is a felony of the fourth degree. (D) As used in this section, “ supervised release detention ” means detention that is supervision of a person by an employee of the department

of rehabilitation and correction while the person is on any type of release from a

state correctional institution, other than transitional control under section 2967.26 of the Revised Code or placement in a community-based correctional facility by the parole board under section 2967.28 of the Revised Code .