What constitutes escape in the third degree?

Escape in the third degree typically refers to the act of escaping from custody or attempting to do so. This definition emphasizes that the individual is already under some form of detention or restraint and is actively attempting to break free from that confinement.

This definition is crucial because it distinguishes between various levels of escape and custody situations. For example, simply being confined without any further action does not qualify as escape, nor does assisting another person in escaping without being a direct participant in one's own escape. The focus is specifically on the individual's own actions regarding their confinement.

In this context, attempting to escape while in a detention facility addresses only one aspect of the broader definition of custody. However, it is the direct action of escaping or the attempt to escape from custody that most accurately meets the legal criteria for third-degree escape.