Tex. Codes » Penal Code · TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION · CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION
Texas Codes

Tex. Penal Code § 38.113 (2026)

Unauthorized Absence From Community Corrections Facility, County Correctional Center, Or Assignment Site

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Sec. 38.113. UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS FACILITY, COUNTY CORRECTIONAL CENTER, OR ASSIGNMENT SITE. (a) A person commits an offense if the person:

(1) is sentenced to or is required as a condition of community supervision or correctional programming to submit to a period of detention or treatment in a community corrections facility or county correctional center;

(2) fails to report to or leaves the facility, the center, or a community service assignment site as directed by the court, community supervision and corrections department supervising the person, or director of the facility or center in which the person is detained or treated, as appropriate; and

(3) in failing to report or leaving acts without the approval of the court, the community supervision and corrections department supervising the person, or the director of the facility or center in which the person is detained or treated.

(b) An offense under this section is a state jail felony.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 318, Sec. 12, eff. Sept. 1, 1995.

Notes of Decisions
Cited in 3 cases, 2011–2018 · leading case: Johnny Eugene Ray, Jr. v. State, No. 06-18-00068-CR (Tex. App.—Texarkana Sept. 27, 2018).
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Johnny Eugene Ray, Jr. v. State, No. 06-18-00068-CR (Tex. App.—Texarkana Sept. 27, 2018). “On appeal, Ray complains that the trial court committed harmful error by failing to admonish him regarding the range of punishment and the possible effects of his guilty plea on his immigration status, 3 in failing to ensure that his plea was voluntary, 4 and in failing to…”
Michael Fabian Espinoza v. State, No. 11-12-00146-CR (Tex. App.—Eastland Aug. 30, 2013). “TEX. PENAL CODE ANN. § 38.113 (West 2011).”
Amanda Lynn Woodard v. State, No. 13-09-00694-CR (Tex. App.—Corpus Christi July 14, 2011). “See TEX. PEN. CODE ANN. § 38.113 (West 2003).”
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