Sec. 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;
(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.
(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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1985, 69th Leg., ch. 328, Sec. 1, eff. Sept. 1, 1985. Renumbered from Penal Code Sec. 38.07 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 526, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 38, eff. September 1, 2007.
