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Madison WI
Escape Defense Lawyer Attorney
Escape is another crime in the WI
criminal law that broadly defined and carries different penalties,
depending on the details of the particular escape. Some escapes are
a misdemeanor, but most are felonies. The escape law in the
Wisconsin criminal code is set forth below.
946.42. Escape
(1) In this section:
(a)1. “Custody”
includes without limitation all of the following:
a. Actual custody of
an institution, including a juvenile correctional facility, as
defined in s. 938.02(10p), a secured residential care center for
children and youth, as defined in s. 938.02(15g), a juvenile
detention facility, as defined in s. 938.02(10r), a Type 2
residential care center for children and youth, as defined in s.
938.02(19r), a facility used for the detention of persons detained
under s. 980.04(1), a facility specified in s. 980.065, or a
juvenile portion of a county jail.
b. Actual custody of a
peace officer or institution guard.
bm. Actual custody or
authorized physical control of a correctional officer.
c. Actual custody or
authorized physical control of a probationer, parolee, or person on
extended supervision by the department of corrections.
e. Constructive
custody of persons placed on supervised release under ch. 980 .
f. Constructive
custody of prisoners and juveniles subject to an order under s.
48.366, 938.183, 938.34(4d), (4h), or (4m), or 938.357(4) or (5)(e)
temporarily outside the institution whether for the purpose of work,
school, medical care, a leave granted under s. 303.068, a temporary
leave or furlough granted to a juvenile, or otherwise.
g. Custody of the
sheriff of the county to which the prisoner was transferred after
conviction.
h. Custody of a person
subject to a confinement order under s. 973.09(4).
2. “Custody” does not
include the constructive custody of a probationer, parolee, or
person on extended supervision by the department of corrections or a
probation, extended supervision, or parole agent or the constructive
custody of a person who has been released to aftercare supervision
under ch. 938 .
(b) “Escape” means to
leave in any manner without lawful permission or authority.
(c) “Legal arrest”
includes without limitation an arrest pursuant to process fair on
its face notwithstanding insubstantial irregularities and also
includes taking a juvenile into custody under s. 938.19.
(2) A person in
custody who intentionally escapes from custody under any of the
following circumstances is guilty of a Class A misdemeanor:
(a) Pursuant to a
legal arrest for or lawfully charged with or convicted of a
violation of a statutory traffic regulation, a statutory offense for
which the penalty is a forfeiture or a municipal ordinance.
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