Page:1973 North Dakota Session Laws.pdf/236

236 or pending appeal after conviction of any crime. Otherwise it is a class A misdemeanor.

12.1-08-06. ESCAPE.) 1. A person is guilty of escape if, without lawful authority, he removes or attempts to remove himself from official detention or fails to return to official detention following temporary leave granted for a specified purpose or limited period.

2. Escape is a class B felony if the actor uses a firearm, destructive device, or other dangerous weapon in effecting or attempting to effect his removal from official detention. Escape is a class C felony if:

a. The actor uses any other force or threat of force against another in effecting or attempting to effect his removal from official detention; or

b. The person escaping was in official detention by virtue of his arrest for, or on charge of, a felony, or pursuant to his conviction of any offense. Otherwise escape is a class A misdemeanor.

3. In this section:

a. Official detention" means arrest, custody following surrender in lieu of arrest, detention in any facility for custody of persons under charge or conviction of an offense or alleged or found to be delinquent, detention under a law authorizing civil commitment in lieu of criminal proceedings or authorizing such detention while criminal proceedings are held in abeyance, detention for extradition, or custody for purposes incident to the foregoing, including transportation, medical diagnosis or treatment, court appearances, work and recreation, but "official detention" does not include supervision on probation or parole or constraint incidental to release.

b. "Conviction of an offense" does not include an adjudication of juvenile delinquency.

4. Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority, shall not be a defense to a prosecution under this section if the escape is from the penitentiary or other facility used for official detention or from detention pursuant to commitment by an official proceeding, In the case of other detentions, irregularity or lack of jurisdiction shall be an affirmative defense if: (a) the escape involved no substantial risk of harm to the person or property of anyone other than the detainee; or (b) the detaining authority did not act in good faith under color of law.

12.1-08-07. PUBLIC SERVANTS PERMITTING ESCAPE.) А public servant concerned in official detention pursuant to process issued by a court, judge, or magistrate is guilty of a class A