Wis. Stat. § 946.42 — WI Code / Chapter 946 / Section 946.42
Escape.
Status: in_force

(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. 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, subject to s. 938.533 (3) (a) , the constructive custody of a person who has been released to community supervision or 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.

(b) Lawfully taken into custody under s. 938.19 for a violation of or lawfully alleged or adjudged under ch. 938 to have violated a statutory traffic regulation, a statutory provision for which the penalty is a forfeiture or a municipal ordinance.

(c) Pursuant to a civil arrest or body execution.

(2m) A person who is in the custody of a probation, parole, or extended supervision agent, or a correctional officer, based on an allegation or a finding that the person violated the rules or conditions of probation, parole, or extended supervision and who intentionally escapes from custody is guilty of a Class H felony.

(3) A person in custody who intentionally escapes from custody under any of the following circumstances is guilty of a Class H felony:

(a) Pursuant to a legal arrest for, lawfully charged with or convicted of or sentenced for a crime.

(b) Lawfully taken into custody under s. 938.19 for or lawfully alleged or adjudged under ch. 938 to be delinquent on the basis of a violation of a criminal law.

(c) Subject to a disposition under s. 938.34 (4d) , (4h) , or (4m) , to a placement under s. 938.357 (4) or 938.533 (3) (a) , or to community supervision or aftercare revocation under s. 938.357 (5) (e) .

(e) In custody under the circumstances described in sub. (2) and leaves the state to avoid apprehension. Leaving the state and failing to return is prima facie evidence of intent to avoid apprehension.

(f) Pursuant to a legal arrest as a fugitive from justice in another state.

(g) Committed to the department of health services under ch. 971 or 975 .

(3m) A person who intentionally escapes from custody under any of the following circumstances is guilty of a Class F felony:

(a) While subject to a detention order under s. 980.04 (1) or a custody order under s. 980.04 (3) .

(b) While subject to an order issued under s. 980.06 committing the person to custody of the department of health services, regardless of whether the person is placed in institutional care or on supervised release.

(4) If a person is convicted of an escape under this section, the maximum term of imprisonment for the escape may be increased by not more than 5 years if an individual who had custody of the person who escaped is injured during the course of the escape.

History: 1971 c. 164 s. 89 ; 1975 c. 39 ; 1977 c. 173 , 312 , 354 , 418 ; 1985 a. 320 ; 1987 a. 27 , 238 , 352 ; 1987 a. 403 ss. 238 , 239 , 256 ; 1989 a. 31 ; 1993 a. 16 , 377 , 385 , 491 ; 1995 a. 27 ss. 7233m , 7233p , 9126 (19) ; 1995 a. 77 , 154 , 352 , 390 ; 1997 a. 35 , 283 ; 1999 a. 9 ; 2001 a. 109 ; 2005 a. 344 , 434 ; 2007 a. 20 s. 9121 (6) (a) ; 2007 a. 97 , 226 ; 2013 a. 334 ; 2015 a. 55 .