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Texas Penal Code - Section 38.06. Escape

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§ 38.06. ESCAPE. (a) A person commits an offense if he escapes from custody when he is: (1) under arrest for, charged with, or convicted of an offense; or (2) in custody pursuant to a lawful order of a court. (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 in a secure correctional facility; or (3) is committed to 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 Youth Commission. (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. Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1985, 69th Leg., ch. 328, § 1, eff. Sept. 1, 1985. Renumbered from V.T.C.A., Penal Code § 38.07 and amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 526, § 1, eff. Sept. 1, 1999.

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Last modified: August 11, 2007