Title 16, Chapter 10, Section 52
( 16-10-52)
(a) A person commits the offense of escape when he or she: (1) Having been convicted of a felony or misdemeanor or of the
violation of a municipal ordinance, intentionally escapes from
lawful custody or from any place of lawful confinement; (2) Being in lawful custody or lawful confinement prior to
conviction, intentionally escapes from such custody or
confinement; (3) Having been adjudicated of a delinquent or unruly act or a
juvenile traffic offense, intentionally escapes from lawful
custody or from any place of lawful confinement; (4) Being in lawful custody or lawful confinement prior to
adjudication, intentionally escapes from such custody or
confinement; or (5) Intentionally fails to return as instructed to lawful custody
or lawful confinement or to any residential facility operated by
the Georgia Department of Corrections after having been released
on the condition that he or she will so return; provided, however,
such person shall be allowed a grace period of eight hours from
the exact time specified for return if such person can prove he or
she did not intentionally fail to return. (a.1) Revocation of probation for conduct in violation of any
provision of subsection (a) of this Code section shall not preclude
an independent criminal prosecution under this Code section based on
the same conduct. (b)(1) A person who, having been convicted of a felony, is
convicted of the offense of escape shall be punished by
imprisonment for not less than one nor more than ten years. (2) Any person charged with a felony who is in lawful confinement
prior to conviction or adjudication who is convicted of the
offense of escape shall be punished by imprisonment for not less
than one nor more than five years. (3) Notwithstanding paragraphs (1) and (2) of this subsection, a
person who commits the offense of escape while armed with a
dangerous weapon shall, upon conviction thereof, be punished by
imprisonment for not less than one nor more than 20 years. (4) Any other person convicted of the offense of escape shall be
punished as for a misdemeanor. |