(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.
Terms Used In Texas Penal Code 38.07
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Allegation: something that someone says happened.
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- 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
- 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
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- 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
(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.