(a) No person, knowing he is under detention or being reckless in that regard, shall purposely break or attempt to break such detention, or purposely fail to return to detention, either following temporary leave granted for a specific purpose or limited period, or at the time required when serving a sentence in intermittent confinement.
(b) Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority, is not a defense to a charge under order or in a detention facility. In the case of any other detention, irregularity or lack of jurisdiction is an affirmative defense only if either of the following occurs:
(1) The escape involved no substantial risk of harm to the person or property of another.
(2) The detaining authority knew or should have known there was no legal basis or authority for the detention.
(c) Whoever violates this section is guilty of escape, a misdemeanor of the first degree; and shall be imprisoned for not less than thirty days nor more than six months; and fined not less than one hundred nor more than one thousand dollars plus court costs. No Court shall suspend the first thirty days of imprisonment nor the first one hundred dollars of fine or court costs. (Ord. 1184-78. Passed 8-28-78.)