45-7-306. Escape. - Montana Statutes

     45-7-306. Escape. (1) (a) "Official detention" means placement of a person in the legal custody of a municipality, a county, or the state as a result of:
     (i) a conviction for an offense or of having been charged with an offense;
     (ii) the actual or constructive restraint or custody of a person by a peace officer pursuant to arrest, transport, or court order;
     (iii) detention for extradition or deportation;
     (iv) placement in a community corrections facility or program;
     (v) supervision while under a supervised release program;
     (vi) participation in a county jail work program under 7-32-2225 through 7-32-2227; or
     (vii) any lawful detention for the purpose of the protection of the welfare of the person detained or for the protection of society.
     (b) Official detention does not include supervision of a person on probation or parole, constraint incidental to release on bail, or an unlawful arrest unless the person arrested employed physical force, a threat of physical force, or a weapon to escape.
     (2) A person subject to official detention commits the offense of escape if the person knowingly or purposely eludes official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited time. A person also commits the offense of escape if the person is participating in a county jail work program under 7-32-2225 through 7-32-2227 and knowingly or purposely fails to appear for work at a time and place scheduled for participation in the program.
     (3) A person convicted of the offense of escape shall be:
     (a) imprisoned in the state prison for a term not to exceed 20 years if the person escapes by the use or threat of force, physical violence, a weapon, or a simulated weapon;
     (b) imprisoned in the state prison for a term not to exceed 10 years if the person escapes after having been charged with or convicted of a felony; or
     (c) fined an amount not to exceed $500 or imprisoned in the county jail for a term not to exceed 6 months, or both, if the person escapes under circumstances other than those described in subsections (3)(a) and (3)(b).

     History: En. 94-7-306 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-7-306; amd. Sec. 1, Ch. 72, L. 1981; amd. Sec. 8, Ch. 583, L. 1981; amd. Sec. 5, Ch. 361, L. 1989; amd. Sec. 1, Ch. 114, L. 1991; amd. Sec. 16, Ch. 554, L. 1991; amd. Sec. 1, Ch. 26, L. 1997.