1. A person commits the offense of escape from custody or attempted escape from custody if, while being held in custody after arrest for any offense or violation of probation or parole, he or she escapes or attempts to escape from custody. 2. The offense of escape or attempted escape from custody is a class A misdemeanor unless: (1) The person escaping or attempting to escape is under arrest for a felony, in which case it is a class E felony; or (2) The offense is committed by means of a deadly weapon or dangerous instrument or by holding any person as hostage, in which case it is a class A felony.
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