Section 946.44. Assisting or permitting escape.

 

(1)  Whoever does the following is guilty of a Class H felony:

(a) Any officer or employee of an institution where prisoners are detained who intentionally permits a prisoner in the officer's or employee's custody to escape; or

(b) Whoever with intent to aid any prisoner to escape from custody introduces into the institution where the prisoner is detained or transfers to the prisoner anything adapted or useful in making an escape.

(1g)  Any public officer or public employee who violates sub. (1) (a) or (b) is guilty of a Class F felony.

(1m)  Whoever intentionally introduces into an institution where prisoners are detained or transfers to a prisoner any firearm, whether loaded or unloaded, or any article used or fashioned in a manner to lead another person to believe it is a firearm, is guilty of a Class F felony.

(2)  In this section:

(a) “Custody" has the meaning designated in s. 946.42 (1) (a) .

(b) “Escape" has the meaning designated in s. 946.42 (1) (b) .

(c) “Institution" includes a juvenile correctional facility, as defined in s. 938.02 (10p) , a secured residential care center for children and youth, as defined in s. 938.02 (15g) , and a Type 2 residential care center for children and youth, as defined in s. 938.02 (19r) .

(d) “Prisoner" includes a person who is under the supervision of the department of corrections under s. 938.34 (4h) , who is placed in a juvenile correctional facility or a secured residential care center for children and youth under s. 938.183 , 938.34 (4m) , or 938.357 (4) or (5) (e) , or who is placed in a Type 2 residential care center for children and youth under s. 938.34 (4d) .

1977 c. 173 ; 1985 a. 320 ; 1987 a. 27 , 236 , 238 , 403 ; 1989 a. 31 , 107 ; 1993 a. 16 , 377 , 385 , 486 , 491 ; 1995 a. 27 , 77 , 352 ; 1999 a. 9 ; 2001 a. 109 ; 2005 a. 344 ; 2013 a. 334 .