Tennessee § 39-16-605 - Escape.

§ 39-16-605. Escape.

It is an offense for any lawfully confined person arrested for, charged with, or found guilty of a civil or criminal offense to escape from a penal institution, as defined in § 39-16-601. A person commits the offense of escape who is in the lawful custody of a law enforcement officer and knowingly escapes the officer's custody. As used in subdivision (b)(1), “lawful custody” means a person has been taken, seized or detained by a law enforcement officer either by handcuffing, restraining or any other method by which a reasonable person would believe places the person in custody and that otherwise deprives the person's freedom of action in a significant way. A violation of subsection (a) is: A Class A misdemeanor if the person was being held for a misdemeanor or civil offense; and A Class E felony if the person was being held for a felony. A violation of subsection (b) is a Class A misdemeanor. Any sentence received for a violation of this section shall be ordered to be served consecutively to the sentence being served or sentence received for the charge for which the person was being held at the time of the escape. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 15; 2007, ch. 46, §§ 1, 2; 2009, ch. 241, § 1. Sentencing Commission Comments. This section, similar to prior code § 39-5-702 , punishes escape from a penal institution. “Escape,” defined in § 39-16-601(3) , includes both unauthorized departure and failure to return. A “penal institution” is defined broadly in § 39-16-601(4) to include situations where the offender escapes from custody after arrest or conviction. The punishment differs according to the gravity of the offense for which the escapee was held. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Criminal conspiracy, § 39-12-103 . Escape, penal institution defined, § 39-16-601 . Failure to return as evidence of escape, § 41-21-514 . Inmates as witnesses against each other, § 41-21-406 . Penalty for Class A misdemeanor, § 40-35-111 . Penalty for Class E felony, § 40-35-111 . Requirement of culpable mental state, § 39-11-301 . Warrant authorized to retake prisoner sentenced to penitentiary who has absconded while on work release program or violated furlough agreement, § 41-1-117 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 32.174. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 47; 11 Tenn. Juris., Escape, §§ 2, 4.