(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.

Terms Used In Texas Penal Code 38.06

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bodily injury: means physical pain, illness, or any impairment of physical condition. See Texas Penal Code 1.07
  • Contract: A legal written agreement that becomes binding when signed.
  • Correctional facility: means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. See Texas Penal Code 1.07
  • Deadly weapon: means :
    (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
    (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Texas Penal Code 1.07
  • Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
  • Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Secure correctional facility: means :
    (A) a municipal or county jail; or
    (B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. See Texas Penal Code 1.07
  • Serious bodily injury: means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. See Texas Penal Code 1.07

(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.