Page:Revised Codes of the State of North Dakota 1895.pdf/1274

This page has been proofread, but needs to be validated.
§§ 6945-6951
PENAL CODE.
Escapes.

§ 6945. Injuring. Retaking goods from custody. Every person who willfully injures or destroys, takes or attempts to take, or assists any other person in taking or attempting to take from the custody of any officer or person, any personal property which such officer or person has in charge under any process of law, is guilty of a misdemeanor.

CHAPTER 10.

ESCAPES AND AIDING THEREIN.

§ 6946. Persons in custody escaping. Rearrest. Imprisonment. Every person, in custody under sentence of imprisonment for any crime, who escapes from custody, may be recaptured and imprisoned for a term equal to that portion of his original term of imprisonment which remained unexpired upon the day of his escape.

§ 6947. Escaping from custody. Punishment. Every person who, being confined in the penitentiary or other prison, or being in the lawful custody of an officer or other person, by force or fraud escapes from such prison or custody, is guilty of a felony if such custody is upon a charge, arrest, commitment or conviction for a felony: and of a misdemeanor, if such custody or confinement is upon a charge, arrest, commitment or conviction for a misdemeanor.

§ 6948. Attempts to escape from penitentiary. Every person confined in the penitentiary for a term less than for life, who attempts by force or fraud, although unsuccessfully, to escape from such prison, is guilty of a felony.

§ 6949. Attempts to escape from other prisons. Every person confined in any prison other than the penitentiary, who attempts by force or fraud, although unsuccessfully, to escape therefrom, is punishable by imprisonment in the county jail not exceeding one year.

§ 6950. Assisting person in prison to escape. Every person who willfully, by any ineans whatever, assists any person confined in any prison to escape therefrom, is punishable as follows:

1. If the person assisted was held or confined upon a charge, arrest, commitment or conviction of felony, by imprisonment in the penitentiary not less than one and not exceeding ten years.

2. If the person assisted was held or confined otherwise than upon a charge, arrest, commitment or conviction of felony, by imprison. ment in the county jail not exceeding one year or by fine not exceedling five hundred dollars, or both.

§ 6951. Aiding escape by information, disguise, weapon. Every person who, with intent to effect or facilitate the escape of a prisoner, whether the escape is effected or attempted or not, enters a prison, or conveys to a prisoner any information, or sends into a prison any disguise, instrument, weapon or other thing, is punishable as follows: