Implements for Escape

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

Bringing escape tools into a correctional facility is a 3rd degree felony unless the implement is a deadly weapon, in which case it is a 2nd degree felony.

Statute(s)

§ 38.09. IMPLEMENTS FOR ESCAPE. (a) A person commits
an offense if, with intent to facilitate escape, he introduces into
a correctional facility, or provides a person in custody or an
inmate with, a deadly weapon or anything that may be useful for
escape.
(b) An offense under this section is a felony of the third
degree unless the actor introduced or provided a deadly weapon, in
which event the offense is a felony of the second degree.
(c) 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, § 1, eff. Jan. 1, 1974.
Renumbered from Penal Code § 38.10 and amended by Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, § 40, eff. September
1, 2007.