2C:29-5. Escape
2C:29-5. Escape. a. Escape. A person commits an offense if he without
lawful authority removes himself from official detention or fails to
return to official detention following temporary leave granted for a
specific purpose or limited period. Official detention means arrest,
detention in any facility for custody of persons under charge or
conviction of a crime or offense, or committed pursuant to chapter 4 of
this Title, or alleged or found to be delinquent, detention for
extradition or deportation, or any other detention for law enforcement
purposes; but official detention does not include supervision of
probation or parole, or constraint incidental to release on bail.
b. Absconding from parole. A person subject to parole commits a crime of
the third degree if the person goes into hiding or leaves the State
with a purpose of avoiding supervision. As used in this subsection,
parole includes participation in the Intensive Supervision Program (ISP)
established pursuant to the Rules Governing the Courts of the State of
New Jersey. Abandoning a place of residence without the prior permission
of or notice to the appropriate supervising authority shall constitute
prima facie evidence that the person intended to avoid such supervision.
c. Permitting or facilitating escape. A public servant concerned in
detention commits an offense if he knowingly or recklessly permits an
escape. Any person who knowingly causes or facilitates an escape commits
an offense.
d. Effect of legal irregularity in detention. Irregularity in bringing
about or maintaining detention, or lack of jurisdiction of the
committing or detaining authority, shall not be a defense to prosecution
under this section if the escape is from a prison or other custodial
facility or from detention pursuant to commitment by official
proceedings. In the case of other detentions, irregularity or lack of
jurisdiction shall be a defense only if:
(1) The escape involved no substantial risk of harm to the person or property of anyone other than the detainee; or
(2) The detaining authority did not act in good faith under color of law.
e. Grading of offenses. An offense under subsection a. or c. of this
section is a crime of the second degree where the actor employs force,
threat, deadly weapon or other dangerous instrumentality to effect the
escape. Otherwise it is a crime of the third degree.
Amended 1979,c.178,s.58A; 1981,c.290,s.30; 1991,c.34,s.1.
