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Texas statute

Tex. Penal Code § 38.06 — Escape

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 38: OBSTRUCTING GOVERNMENTAL OPERATION, Texas Penal Code.

Full text of Tex. Penal Code § 38.06

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Penal Code § 38.06Primary source, current through the 89th Legislature, 2nd Called Session (2025)
(a) A person commits an offense if the person escapes from custody when the person is: (1) under arrest for, lawfully detained for, charged with, or convicted of an offense; (2) in custody pursuant to a lawful order of a court; (3) detained in a secure detention facility, as that term is defined by Section 51.02 , Family Code; or (4) in the custody of a juvenile probation officer for violating an order imposed by the juvenile court under Section 52.01 , Family Code. (b) Except as provided in Subsections (c), (d), and (e), an offense under this section is a Class A misdemeanor. (c) An offense under this section is a felony of the third degree if the actor: (1) is under arrest for, charged with, or convicted of a felony; (2) is confined or lawfully detained in a secure correctional facility or law enforcement facility; or (3) is committed to or lawfully detained in a secure correctional facility, as defined by Section 51.02 , Family Code, other than a halfway house, operated by or under contract with the Texas Juvenile Justice Department. (d) An offense under this section is a felony of the second degree if the actor to effect his escape causes bodily injury. (e) An offense under this section is a felony of the first degree if to effect his escape the actor: (1) causes serious bodily injury; or (2) uses or threatens to use a deadly weapon.

Official sources

This reference is informational and is not legal advice.