New York State Law
Penal Law
Consolidated Laws of New York's Penal code
Article 205 - NY Penal Law
ESCAPE AND OTHER OFFENSES RELATING TO CUSTODY
| Section | Offense | Class |
|---|---|---|
| 205.00 | Escape and other offenses relating to custody; definitions of terms. | |
| 205.05 | Escape in the third degree. | A MISD |
| 205.10 | Escape in the second degree. | E FELONY |
| 205.15 | Escape in the first degree. | D FELONY |
| 205.16 | Absconding from temporary release in the second degree. | A MISD |
| 205.17 | Absconding from temporary release in the first degree. | E FELONY |
| 205.18 | Absconding from a furlough program. | A MISD |
| 205.19 | Absconding from a community treatment facility. | E FELONY |
| 205.20 | Promoting prison contraband in the second degree. | A MISD |
| 205.25 | Promoting prison contraband in the first degree. | D FELONY |
| 205.30 | Resisting arrest. | A MISD |
| 205.50 | Hindering prosecution; definition of term. | |
| 205.55 | Hindering prosecution in the third degree. | A MISD |
| 205.60 | Hindering prosecution in the second degree. | E FELONY |
| 205.65 | Hindering prosecution in the first degree. | D FELONY |
S 205.00 Escape and other offenses relating to custody; definitions of terms. The following definitions are applicable to this article: 1. "Detention Facility" means any place used for the confinement, pursuant to an order of a court, of a person (a) charged with or convicted of an offense, or (b) charged with being or adjudicated a youthful offender, person in need of supervision or juvenile delinquent, or (c) held for extradition or as a material witness, or (d) otherwise confined pursuant to an order of a court. 2. "Custody" means restraint by a public servant pursuant to an authorized arrest or an order of a court. 3. "Contraband" means any article or thing which a person confined in a detention facility is prohibited from obtaining or possessing by statute, rule, regulation or order. 4. "Dangerous contraband" means contraband which is capable of such use as may endanger the safety or security of a detention facility or any person therein. S 205.05 Escape in the third degree. A person is guilty of escape in the third degree when he escapes from custody. Escape in the third degree is a class A misdemeanor. S 205.10 Escape in the second degree. A person is guilty of escape in the second degree when: 1. He escapes from a detention facility; or 2. Having been arrested for, charged with or convicted of a class C, class D or class E felony, he escapes from custody; or 3. Having been adjudicated a youthful offender, which finding was substituted for the conviction of a felony, he escapes from custody. Escape in the second degree is a class E felony. S 205.15 Escape in the first degree. A person is guilty of escape in the first degree when: 1. Having been charged with or convicted of a felony, he escapes from a detention facility; or 2. Having been arrested for, charged with or convicted of a class A or class B felony, he escapes from custody; or 3. Having been adjudicated a youthful offender, which finding was substituted for the conviction of a felony, he escapes from a detention facility. Escape in the first degree is a class D felony. * S 205.16 Absconding from temporary release in the second degree. A person is guilty of absconding from temporary release in the second degree when having been released from confinement in a correctional institution or division for youth facility to participate in a program of work release, he intentionally fails to return to the institution or facility of his confinement at or before the time prescribed for his return. Absconding from temporary release in the second degree is a class A misdemeanor. * NB Expires September 1, 2019 * S 205.17 Absconding from temporary release in the first degree. A person is guilty of absconding from temporary release in the first degree when having been released from confinement in a correctional institution under the jurisdiction of the state department of corrections and community supervision or a facility under the jurisdiction of the state office of children and family services to participate in a program of temporary release, he or she intentionally fails to return to the institution or facility of his or her confinement at or before the time prescribed for his or her return. Absconding from temporary release in the first degree is a class E felony. * NB Expires September 1, 2019 * S 205.18 Absconding from a furlough program. A person is guilty of absconding from a furlough program when, having been released from confinement in an institution under the jurisdiction of the commissioner of correction in a city having a population of one million or more or of a county which elects to have this article apply thereto to participate in a furlough program, he intentionally fails to return to the institution of his confinement at or before the time prescribed for his return. Absconding from a furlough program is a class A misdemeanor. * NB Expires September 1, 2019 * S 205.19 Absconding from a community treatment facility. A person is guilty of absconding from a community treatment facility when having been released from confinement from a correctional institution under the jurisdiction of the state department of corrections and community supervision by transfer to a community treatment facility, he or she leaves such facility without authorization or he or she intentionally fails to return to the community treatment facility at or before the time prescribed for his or her return. Absconding from a community treatment facility is a class E felony. * NB Expires September 1, 2019 S 205.20 Promoting prison contraband in the second degree. A person is guilty of promoting prison contraband in the second degree when: 1. He knowingly and unlawfully introduces any contraband into a detention facility; or 2. Being a person confined in a detention facility, he knowingly and unlawfully makes, obtains or possesses any contraband. Promoting prison contraband in the second degree is a class A misdemeanor. S 205.25 Promoting prison contraband in the first degree. A person is guilty of promoting prison contraband in the first degree when: 1. He knowingly and unlawfully introduces any dangerous contraband into a detention facility; or 2. Being a person confined in a detention facility, he knowingly and unlawfully makes, obtains or possesses any dangerous contraband. Promoting prison contraband in the first degree is a class D felony. S 205.30 Resisting arrest. A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person. Resisting arrest is a class A misdemeanor. S 205.50 Hindering prosecution; definition of term. As used in sections 205.55, 205.60 and 205.65, a person "renders criminal assistance" when, with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person who he knows or believes has committed a crime or is being sought by law enforcement officials for the commission of a crime, or with intent to assist a person in profiting or benefiting from the commission of a crime, he: 1. Harbors or conceals such person; or 2. Warns such person of impending discovery or apprehension; or 3. Provides such person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension; or 4. Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a criminal charge against him; or 5. Suppresses, by any act of concealment, alteration or destruction, any physical evidence which might aid in the discovery or apprehension of such person or in the lodging of a criminal charge against him; or 6. Aids such person to protect or expeditiously profit from an advantage derived from such crime. S 205.55 Hindering prosecution in the third degree. A person is guilty of hindering prosecution in the third degree when he renders criminal assistance to a person who has committed a felony. Hindering prosecution in the third degree is a class A misdemeanor. S 205.60 Hindering prosecution in the second degree. A person is guilty of hindering prosecution in the second degree when he renders criminal assistance to a person who has committed a class B or class C felony. Hindering prosecution in the second degree is a class E felony. S 205.65 Hindering prosecution in the first degree. A person is guilty of hindering prosecution in the first degree when he renders criminal assistance to a person who has committed a class A felony, knowing or believing that such person has engaged in conduct constituting a class A felony. Hindering prosecution in the first degree is a class D felony. Top of Page
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