Judges disagree on when escape occurs

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The Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was just a violation of prison rules. The dissenting judge believed that based on statute, the inmates could be charged with escape.

In State of Indiana v. Misty Moore, et al., No. 28A01-0903-CR-111, Chief Judge John Baker and Judge Patricia Riley examined Indiana Code Section 35-44-3-5(a), which defines when someone commits Class C felony escape, and determined the facts of the case don't support criminal charges.

To prove the inmates committed escape, the state had to establish they intentionally fled from lawful detention, which in this case was a penal facility. Misty Moore and five other female inmates climbed through the ceiling of their jail cells to reach the male cell block, where they would fraternize with the male inmates at night.

The majority dismissed a number of cases from other jurisdictions the state argued support its argument, and instead relied on Louisiana v. Liggertt, 363 So.2d 1184 (La. 1978), State v. Davis, 271 N.W.2d 693 (Iowa 1978), and State v. Buck, 724 S.W.2d 574 (Mo. Ct. App. 1986), in which other courts have reached the same conclusion as the trial court in the instant case - that rules may have been broken but no crime was committed, wrote Chief Judge Baker.

"We acknowledge that the relevant statutes could be drafted more artfully and explicitly, but given the well-established rules that we construe penal statutes strictly against the State and that ambiguities should be resolved in favor of the accused... close calls such as this one must be resolved in the defendants' favor," he wrote.

Judge Ezra Friedlander found the cases that the majority dismissed to be instructive and believed the statute applies even when an incarcerated person escapes from a cell, but didn't intend to leave the boundaries of the penal facility. Judge Friedlander relied on Crowder v. State, 812 S.W.2d 63 (Tx. Crim. App. 1991), State v. Sugden, 422 N.W.2d 624 (Wisc. 1988), and State v. Padilla, 113 P.3d 1260 (Colo. Ct. App. 2005), in which those cases relied on similar language as found in Indiana's statute.

"Drawing from these cases, it cannot seriously be argued that it does not promote public safety or facilitate efficient institutional administration to read 'flees from lawful detention' so narrowly as to exclude the act of breaking out of an area of confinement within the walls of a detention facility, for whatever purpose and with the intent to go anywhere else, whether within or without the outer boundaries of that facility," he wrote.

Judge Friedlander also takes issue with the majority's stance that it seems escaping out of a cell is either the crime of escape or a matter of prison discipline. Breaking out of a cell can be both, he wrote. If a prisoner assaults another inmate, he can be punished by the facility and also face criminal charges. The judge also noted that in past versions of the escape statute, the legislature was more specific in defining escape as leaving the boundaries of particular facilities.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.