(a) A person commits the offense of second degree escape if he or she:
(1) At any time, including from the point of departure from confinement to the return to confinement, uses or threatens to use physical force in escaping from custody;
(2) Having been found guilty of a felony, escapes from custody;
(3) Escapes from a correctional facility;
(4) Escapes from a juvenile detention facility; or
(5) Escapes from a youth services program.
(b) (1) Second degree escape is a Class B felony if, at the time of the escape, the person is in the custody of:
(A) The Department of Correction;
(B) The Department of Community Correction; or
(C) A law enforcement agency.
(2) Otherwise second degree escape is a Class D felony.
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