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.
Notes of Decisions
Cited in
29
cases, 1976–2009 · leading case:
Bermen v. State, 798 S.W.2d 8 (Tex. App. 1990).
Bermen v. State, 798 S.W.2d 8 (Tex. App. 1990).
· cites it 6× “Tex. Penal Code Ann. § 38.07 (Vernon 1989).”
Azeez v. State, 248 S.W.3d 182 (Tex. Crim. App. 2008).
“293, § 2, pp. 1308-09, eff. Sept. 1, 1997. Section 9.”
Johnson v. State, 838 S.W.2d 906 (Tex. App. 1993).
· cites it 3× “See Tex.Penal Code Ann. § 38.07 (Vernon 1985).”
Lawhorn v. State, 843 S.W.2d 268 (Tex. App. 1993).
· cites it 4× “Tex.Penal Code Ann. § 38.07(a)(1) (West 1989).”
Crowder v. State, 812 S.W.2d 63 (Tex. App. 1991).
· cites it 2× “Tex. Penal Code Ann. § 38.07 (a)(1) & (c)(2) (Vernon 1989).”
Moore v. State, 845 S.W.2d 352 (Tex. App. 1993).
“Tex.Penal Code Ann. § 38.07 (Vernon 1989).”
Roy v. State, 813 S.W.2d 532 (Tex. App. 1991).
· cites it 4× “Tex.Penal Code Ann. § 38.07 (Vernon 1979).”
Ballard v. State, 149 S.W.3d 693 (Tex. App. 2004).
“See former Tex. Pen.Code Ann. § 38.07(c)(1) (current § 38.”
Matter of Honsaker, 539 S.W.2d 198 (Tex. App. 1976).
“Subsequently, an amended petition was filed alleging that the child had committed the additional offense of escape under Tex.Penal Code Ann. § 38.07 (Vernon 1974).”
Eickenhorst v. State, 662 S.W.2d 622 (Tex. App. 1983).
· cites it 2× “” The constituent elements of the crime of escape, as defined in TEX.PENAL CODE ANN. § 38.07(a) (Vernon 1974), are that a person (1) escape (2) from custody (3) after having been arrested for, charged with, or convicted of an offense.”
Fitzgerald v. State, 722 S.W.2d 817 (Tex. App. 1987).
“Under the provisions of former Tex.Penal Code Ann. § 38.07(a) (Vernon 1986), 1 the elements of the offense of escape are "that a person (1) escapes (2) from custody (3) after having been arrested for, charged with or convicted of an offense.”
Wiltz v. State, 787 S.W.2d 511 (Tex. App. 1990).
· cites it 2× “The State, having used the burglary offense in the case in chief to prove an element of the offense, could not use the same burglary to enhance punishment.”
— Tex. Penal Code § 38.07(a) — 5 cases
Fitzgerald v. State, 722 S.W.2d 817 (Tex. App. 1987).
“Under the provisions of former Tex.Penal Code Ann. § 38.07(a) (Vernon 1986), 1 the elements of the offense of escape are "that a person (1) escapes (2) from custody (3) after having been arrested for, charged with or convicted of an offense.”
Eickenhorst v. State, 662 S.W.2d 622 (Tex. App. 1983).
“” The constituent elements of the crime of escape, as defined in TEX.PENAL CODE ANN. § 38.07(a) (Vernon 1974), are that a person (1) escape (2) from custody (3) after having been arrested for, charged with, or convicted of an offense.”
— Tex. Penal Code § 38.07(a)(1) — 3 cases
Lawhorn v. State, 843 S.W.2d 268 (Tex. App. 1993).
“Tex.Penal Code Ann. § 38.07(a)(1) (West 1989).”
Johnson v. State, 838 S.W.2d 906 (Tex. App. 1993).
“See Tex.Penal Code Ann. § 38.07 (Vernon 1985).”
— Tex. Penal Code § 38.07(c)(1) — 2 cases
Ballard v. State, 149 S.W.3d 693 (Tex. App. 2004).
“See former Tex. Pen.Code Ann. § 38.07(c)(1) (current § 38.”
— Tex. Penal Code § 38.07(c)(2) — 2 cases
Crowder v. State, 812 S.W.2d 63 (Tex. App. 1991).
“Tex. Penal Code Ann. § 38.07 (a)(1) & (c)(2) (Vernon 1989).”
Eickenhorst v. State, 662 S.W.2d 622 (Tex. App. 1983).
“” The constituent elements of the crime of escape, as defined in TEX.PENAL CODE ANN. § 38.07(a) (Vernon 1974), are that a person (1) escape (2) from custody (3) after having been arrested for, charged with, or convicted of an offense.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.