2007 ORS 162.145¹
Escape in the third degree

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

(2) 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.

(3) 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 (Definitions for ORS 162.135 to 162.205), defendant did not commit crime of escape in third de­gree. State v. McVay, 313 Or 292, 833 P2d 297 (1992)

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)

1 Legislative Counsel Committee, CHAPTER 162—Offenses Against the State and Public Justice, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­162.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 162, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­162ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.