Tex. Penal Code Section 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 (Definitions), 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 (Taking into Custody; Issuance of Warning Notice), 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 (Definitions), 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.

Source: Section 38.06 — Escape, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­38.­htm#38.­06 (accessed Jun. 5, 2024).

38.01
Definitions 38.02
Failure to Identify 38.03
Resisting Arrest, Search, or Transportation 38.04
Evading Arrest or Detention 38.05
Hindering Apprehension or Prosecution 38.06
Escape 38.07
Permitting or Facilitating Escape 38.08
Effect of Unlawful Custody 38.09
Implements for Escape 38.10
Bail Jumping and Failure to Appear 38.11
Prohibited Substances and Items in Correctional or Civil Commitment Facility 38.12
Barratry and Solicitation of Professional Employment 38.13
Hindering Proceedings by Disorderly Conduct 38.14
Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer 38.15
Interference with Public Duties 38.16
Preventing Execution of Civil Process 38.17
Failure to Stop or Report Aggravated Sexual Assault of Child 38.18
Use of Collision Report Information and Other Information for Pecuniary Gain 38.19
Failure to Provide Notice and Report of Death of Resident of Institution 38.111
Improper Contact with Victim 38.112
Tampering with Electronic Monitoring Device 38.113
Unauthorized Absence from Community Corrections Facility, County Correctional Center, or Assignment Site 38.114
Contraband in Correctional Facility 38.115
Operation of Unmanned Aircraft over Correctional Facility or Detention Facility 38.122
Falsely Holding Oneself out as a Lawyer 38.123
Unauthorized Practice of Law 38.151
Interference with Police Service Animals 38.152
Interference with Radio Frequency Licensed to Government Entity 38.171
Failure to Report Felony 38.172
Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes
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Accessed:
Jun. 5, 2024

§ 38.06’s source at texas​.gov