Sec. 38.07. PERMITTING OR FACILITATING ESCAPE. (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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 38.08 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 39, eff. September 1, 2007.
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