Sec. 38.06. ESCAPE. (a) A person commits an offense if the person escapes from custody when the person is:
(1) under arrest for, lawfully detained 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 or lawfully detained in a secure correctional facility or law enforcement facility; or
(3) is committed to or lawfully detained in 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 Juvenile Justice Department.
(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 (H.B. 2884), Sec. 38, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1330 (S.B. 844), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 143, eff. September 1, 2015.
Notes of Decisions
Cited in
103
cases (
10 in the last 5 years), 1986–2026 · leading case:
Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005).
Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005).
“Conclusion Due to the nature of Anders briefs, by indicating in the opinion that it considered *828 the issues raised in the briefs and reviewed the record for reversible error but found none, the court of appeals met the requirements of Texas Rule of Appellate Procedure 47.”
James Musgrove v. State, 425 S.W.3d 601 (Tex. App. 2014).
· cites it 6× “See Tex. Penal Code §§ 38.06(a),(e). Thus, under this count, appellant was charged with attempt to commit the first-degree felony of escape.”
Medford v. State, 13 S.W.3d 769 (Tex. Crim. App. 2000).
· cites it 3× “112; Tex. Pen.Code § 38.06. On October, 28, 1997, a jury found appellant guilty on both counts.”
Dickey v. State, 189 S.W.3d 339 (Tex. App. 2006).
· cites it 4× “2 See Tex. Pen. Code Ann. § 38.06 (a), (c). On appeal, Dickey (1) argues the evidence was legally and factually insufficient to prove various elements of the offense as set out by the Texas Penal Code, (2) asserts there was a material variance between the indictment and the…”
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007).
· cites it 2× “05(c)); escape (TEX. PENAL CODE § 38.06(c)(1)); bail jumping (TEX.”
Davis v. State, 345 S.W.3d 71 (Tex. Crim. App. 2011).
· cites it 2× “") [8] TEX. PENAL CODE § 38.06(a) & (e)(2). [9] TEX.”
Russell v. State, 146 S.W.3d 705 (Tex. App. 2004).
· cites it 2× “In all other respects, I agree with the majority opinion and therefore concur in the judgment.”
Carlos Castillo v. State, 404 S.W.3d 557 (Tex. App. 2010).
· cites it 4× “See Tex. Penal Code Ann. § 38.06 (a)(1) (Vernon Supp.”
In re J.W.W., 507 S.W.3d 408 (Tex. App. 2016).
“See Tex Penal Code Ann. § 38.06(a)(3), (e)(1) (Vernon Supp.”
Russell v. State, 90 S.W.3d 865 (Tex. App. 2003).
“It indicates Russell was sentenced to serve twenty years for the offense. C. Escape The offense of escape is comprised of three elements: (1) escape (2) from custody (3) after having been arrested for, charged with, or convicted of an offense.”
Carson v. State, 65 S.W.3d 774 (Tex. App. 2001).
“2000); see also Tex. Penal Code Ann. § 38.06 (Vernon Supp.”
Sample v. State, 292 S.W.3d 135 (Tex. App. 2008).
· cites it 2× “” Tex. Pen.Code Ann. § 38.06(a) (Vernon 2003).”
— Tex. Penal Code § 38.06(a) — 15 cases
Davis v. State, 345 S.W.3d 71 (Tex. Crim. App. 2011).
“") [8] TEX. PENAL CODE § 38.06(a) & (e)(2). [9] TEX.”
Russell v. State, 90 S.W.3d 865 (Tex. App. 2003).
“It indicates Russell was sentenced to serve twenty years for the offense. C. Escape The offense of escape is comprised of three elements: (1) escape (2) from custody (3) after having been arrested for, charged with, or convicted of an offense.”
Sample v. State, 292 S.W.3d 135 (Tex. App. 2008).
“” Tex. Pen.Code Ann. § 38.06(a) (Vernon 2003).”
Dickey v. State, 189 S.W.3d 339 (Tex. App. 2006).
“2 See Tex. Pen. Code Ann. § 38.06 (a), (c). On appeal, Dickey (1) argues the evidence was legally and factually insufficient to prove various elements of the offense as set out by the Texas Penal Code, (2) asserts there was a material variance between the indictment and the…”
James Musgrove v. State, 425 S.W.3d 601 (Tex. App. 2014).
“See Tex. Penal Code §§ 38.06(a),(e). Thus, under this count, appellant was charged with attempt to commit the first-degree felony of escape.”
— Tex. Penal Code § 38.06(a)(1) — 16 cases
James Musgrove v. State, 425 S.W.3d 601 (Tex. App. 2014).
“See Tex. Penal Code §§ 38.06(a),(e). Thus, under this count, appellant was charged with attempt to commit the first-degree felony of escape.”
— Tex. Penal Code § 38.06(a)(3) — 1 case
In re J.W.W., 507 S.W.3d 408 (Tex. App. 2016).
“See Tex Penal Code Ann. § 38.06(a)(3), (e)(1) (Vernon Supp.”
— Tex. Penal Code § 38.06(c) — 7 cases
— Tex. Penal Code § 38.06(c)(1) — 5 cases
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007).
“05(c)); escape (TEX. PENAL CODE § 38.06(c)(1)); bail jumping (TEX.”
— Tex. Penal Code § 38.06(c)(2) — 2 cases
— Tex. Penal Code § 38.06(e) — 1 case
— Tex. Penal Code § 38.06(e)(2) — 1 case
James Musgrove v. State, 425 S.W.3d 601 (Tex. App. 2014).
“See Tex. Penal Code §§ 38.06(a),(e). Thus, under this count, appellant was charged with attempt to commit the first-degree felony of escape.”
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