Tex. Penal Code Section 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 (Treatment of Persons with Chemical Dependencies), 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 (Definitions)(a)(14); or

(2)

a “secure correctional facility” or “secure detention facility” as those terms are defined by Section 51.02 (Definitions), 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.

Source: Section 38.07 — Permitting or Facilitating Escape, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­38.­htm#38.­07 (accessed Apr. 20, 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
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

§ 38.07’s source at texas​.gov