Offenses Against the State and Public Justice

ORS 162.145
Escape in the third degree


A person commits the crime of escape in the third degree if the person escapes from custody.


It is a defense to a prosecution under this section that the person escaping or attempting to escape was in custody pursuant to an illegal arrest.


Escape in the third degree is a Class A misdemeanor. [1971 c.743 §190]

Notes of Decisions

Indictment alleging that person other than defendant used physical force while aiding defendant's escape did not allege elements of escape in first degree, but did sufficiently charge escape in third degree. State v. Snow, 77 Or App 317, 713 P2d 611 (1986)

Defendant, who fled when officer told her he had warrant for her arrest and wanted to talk with her about it, was not in "custody" at time of flight and did not commit "escape." State v. Gleason, 94 Or App 208, 764 P2d 964 (1988)

Because defendant who ran when officers tried to take him to detoxification center was not in custody under ORS 162.135, defendant did not commit crime of escape in third degree. State v. McVay, 313 Or 292, 833 P2d 297 (1992)

Where defendant ran away from police after defendant's involvement in assault and police yelled, "Stop, police!," defendant did not commit escape in third degree, when read with ORS 162.135, because yelling for defendant to stop running did not place defendant in custody. State v. Davis, 360 Or 201, 377 P3d 583 (2016)

§§ 162.145 to 162.165

Notes of Decisions

Nonviolent flight from an attempted arrest is not criminal and thus evidence was insufficient to sustain escape charge where defendant was convicted of driving under influence of intoxicants and third degree escape. State v. Swanson, 34 Or App 59, 578 P2d 411 (1978)

Chapter 162

Law Review Citations

51 OLR 427-637 (1972)


Last accessed
Jun. 26, 2021