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Texas statute

Tex. Penal Code § 38.07 — Permitting or facilitating 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 § 38.07

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 § 38.07Primary source, current through the 89th Legislature, 2nd Called Session (2025)
(a) An official or employee of a correctional facility commits an offense if he knowingly permits or facilitates the escape of a person in custody. (b) A person commits an offense if he knowingly causes or facilitates the escape of one who is in custody pursuant to: (1) an allegation or adjudication of delinquency; or (2) involuntary commitment for mental illness under Subtitle C, Title 7, Health and Safety Code, or for chemical dependency under Chapter 462 , Health and Safety Code. (c) Except as provided in Subsections (d) and (e), an offense under this section is a Class A misdemeanor. (d) An offense under this section is a felony of the third degree if the person in custody: (1) was under arrest for, charged with, or convicted of a felony; or (2) was confined in a correctional facility other than a secure correctional facility after conviction of a felony. (e) An offense under this section is a felony of the second degree if: (1) the actor or the person in custody used or threatened to use a deadly weapon to effect the escape; or (2) the person in custody was confined in a secure correctional facility after conviction of a felony. (f) In this section, "correctional facility" means: (1) any place described by Section 1.07 (a)(14); or (2) a "secure correctional facility" or "secure detention facility" as those terms are defined by Section 51.02 , Family Code.

Official sources

This reference is informational and is not legal advice.