Idaho State Statutes - Idaho Attorney Directory

ESCAPE BY ONE CHARGED WITH OR CONVICTED OF A MISDEMEANOR --
ESCAPE BY A JUVENILE FROM CUSTODY.
(1) (a) Every prisoner charged with or convicted of a misdemeanor who is
confined in any county jail or other place or who is engaged in any county
work outside of such jail or other place, or who is in the lawful custody
of any officer or person, who escapes or attempts to escape therefrom, is
guilty of a misdemeanor.
(b) In cases involving escape or attempted escape by use of threat,
intimidation, force, violence, injury to person or property other than
that of the prisoner, or wherein the escape or attempted escape was
perpetrated by use or possession of any weapon, tool, instrument or other
substance, the prisoner shall be guilty of a felony.
(2) Any person who is charged with, found to have committed, adjudicated
for or is on probation for an offense which would be a misdemeanor if
committed by an adult, and who is confined in a juvenile detention facility or
other secure or nonsecure facility for juveniles and who escapes or attempts
to escape from the facility or from the lawful custody of an officer or
person, shall be subject to proceedings under the provisions of chapter 5,
title 20, Idaho Code, for an act which would be a misdemeanor if committed by
an adult, or, if the escape or attempted escape was undertaken as provided in
subsection (1)(b) of this section, for an offense which would be a felony if
committed by an adult. If the juvenile is or has been proceeded against as an
adult, pursuant to section 20-508 or 20-509, Idaho Code, the person shall be
guilty of a misdemeanor, or if subsection (1)(b) of this section applies, of a
felony and, in either case, shall be subject to adult criminal proceedings.

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