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|THE OREGON CRIMINAL LAW GUIDE|
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|"I defend people facing escape and unauthorized departure charges in the State of Oregon."|
OREGON ESCAPE AND UNAUTHORIZED DEPARTURE LAWS
ORS 162.135 Definitions for ORS 162.135 to 162.205. As used in ORS 162.135 to 162.205, unless the context requires otherwise:
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(2) “Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order and includes but is not limited to a youth correction facility. “Correctional facility” applies to a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after having been found guilty except for insanity of a crime under ORS 161.290 to 161.370.
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(4) “Custody” means the imposition of actual or constructive restraint by a peace officer pursuant to an arrest or court order, but does not include detention in a correctional facility, youth correction facility or a state hospital.
(5) “Escape” means the unlawful departure of a person from custody or a correctional facility. “Escape” includes the unauthorized departure or absence from this state or failure to return to this state by a person who is under the jurisdiction of the Psychiatric Security Review Board or under the jurisdiction of the Oregon Health Authority under ORS 161.315 to 161.351. “Escape” does not include failure to comply with provisions of a conditional release in ORS 135.245.
(6) “Youth correction facility” means:
(a) A youth correction facility as defined in ORS 420.005; and
(b) A detention facility as defined in ORS 419A.004.
(7) “State hospital” means the Oregon State Hospital, Blue Mountain Recovery Center, Eastern Oregon Training Center and any other hospital established by law for similar purposes.
(8) “Unauthorized departure” means the unauthorized departure of a
person confined by court order in a youth correction facility or a state
hospital that, because of the nature of the court order, is not a
correctional facility as defined in this section, or the failure to
return to custody after any form of temporary release or transitional
leave from a correctional facility. [1971 c.743 §189; 1973 c.836 §342;
1983 c.740 §28; 1983 c.815 §7; 1985 c.565 §16; 1989 c.790 §53; 1991
c.809 §1; 1993 c.33 §307; 1995 c.738 §2; 1997 c.249 §47; 1999 c.504 §1;
2001 c.295 §8; 2001 c.900 §24; 2005 c.685 §10; 2007 c.14 §3; 2011 c.708
ORS 162.145 Escape in the third degree. [Known as Escape III or Escape 3] (1) A person commits the crime of escape in the third degree if the person escapes from custody.
(2) It is a defense to a prosecution under this section that the person escaping or attempting to escape was in custody pursuant to an illegal arrest.
(3) Escape in the third degree is a Class A misdemeanor. [1971 c.743 §190]
ORS 162.155 Escape in the second degree. [Known as Escape II or Escape 2] (1) A person commits the crime of escape in the second degree if:
(a) The person uses or threatens to use physical force escaping from custody; or
(b) Having been convicted or found guilty of a felony, the person escapes from custody imposed as a result thereof; or
(c) The person escapes from a correctional facility; or
(d) While under the jurisdiction of the Psychiatric Security Review Board or under the jurisdiction of the Oregon Health Authority under ORS 161.315 to 161.351, the person departs, is absent from or fails to return to this state without authorization of the board.
(2) Escape in the second degree is a Class C felony. [1971 c.743 §191; 1983 c.800 §13; 1985 c.192 §1; 2011 c.708 §22]
ORS 162.165 Escape in the first degree. [Known as Escape I or Escape 1] (1) A person commits the crime of escape in the first degree if:
(a) Aided by another person actually present, the person uses or threatens to use physical force in escaping from custody or a correctional facility; or
(b) The person uses or threatens to use a dangerous or deadly weapon escaping from custody or a correctional facility.
(2) Escape in the first degree is a Class B felony. [1971 c.743 §192]
ORS 162.175 Unauthorized departure. (1) A person commits the crime of unauthorized departure if:
(a) The person makes an unauthorized departure; or
(b) Not being an inmate therein, the person aids another in making or attempting to make an unauthorized departure.
(2) Unauthorized departure is a Class A misdemeanor. [1971 c.743 §193; 1983 c.815 §8; 1989 c.790 §54]
David N Lesh
Oregon Defense Lawyer
No cost initial consultation
434 NW 19th Avenue
Portland, OR 97209
TIP: Convictions for escape and unauthorized departure nearly always result in a sentence consecutive to the original sentence.
David Lesh Mini Biography
Oregon attorney since 1990;
Former prosecutor (5 years);
Former lawyer to the Portland Police Bureau (3+ years);
Sought after criminal defense attorney (11+ years).