(a) It is an offense for any lawfully confined person arrested for, charged with, or found guilty of a civil or criminal offense to escape from a penal institution, as defined in § 39-16-601.
(b)
(1) A person commits the offense of escape who is in the lawful custody of a law enforcement officer and knowingly escapes the officer's custody.
(2) As used in subdivision (b)(1), “lawful custody” means a person has been taken, seized or detained by a law enforcement officer either by handcuffing, restraining or any other method by which a reasonable person would believe places the person in custody and that otherwise deprives the person's freedom of action in a significant way.
(c)
(1) A violation of subsection (a) is:
(A) A Class A misdemeanor if the person was being held for a misdemeanor or civil offense; and
(B) A Class E felony if the person was being held for a felony.
(2) A violation of subsection (b) is a Class A misdemeanor.
(d) Any sentence received for a violation of this section shall be ordered to be served consecutively to the sentence being served or sentence received for the charge for which the person was being held at the time of the escape.
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