Permitting or Facilitating Escape

From the Law Office of Alison Grinter in Dallas, Texas

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

Degree

Permitting or Facilitating Escape is a:

2nd degree felony if the actor or the person in custody used orthreatened to use a deadly weapon to effect the escape; orthe person in custody was confined in a secure correctional facility after conviction of a felony.
3rd degree felony if the person in custody:was under arrest for, charged with, or convictedof a felony; or was confined in a correctional facility other thana secure correctional facility after conviction of a felony.
Class A Misdemeanor in all other circumstances

Statute(s)

§ 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, § 1, eff. Jan. 1, 1974.
Renumbered from Penal Code § 38.08 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, § 39, eff. September
1, 2007.