Sec. 4. (a) This section does not apply to a child who: (1) flees from lawful detention (as defined in IC 35-31.5-2-186 ) where the child has been placed; (2) violates a home detention order imposed on the child; (3) removes, disables, or interferes with the operation of an electronic monitoring device or GPS tracking device that the child is required to wear; or (4) fails to return to lawful detention following temporary leave granted for a specified purpose or limited period; due to an allegation or adjudication that the child committed an act described in IC 31-37-2-3 through IC 31-37-2-7 (status offenses), unless the child, while committing the offense, draws or uses a deadly weapon or inflicts bodily injury on another person. (b) A person, except as provided in subsection (c), who intentionally flees from lawful detention commits escape, a Level 5 felony. However, the offense is a Level 4 felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person. (c) A person who: (1) knowingly or intentionally: (A) leaves the person's home; (B) remains outside of the person's home; or (C) travels to an unauthorized location; in violation of a home detention order and without written or documented authorization by the supervising entity; or (2) knowingly or intentionally removes, disables, or interferes with the operation of an electronic monitoring device or GPS tracking device; commits escape, a Level 6 felony. (d) A person who knowingly or intentionally fails to return to lawful detention following temporary leave granted for a specified purpose or limited period commits failure to return to lawful detention, a Level 6 felony. However, the offense is a Level 5 felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person.
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