Escape

Chapter 38 of the Texas Penal Code defines offenses relating to the obstruction of governmental operation.

“Escape”, as per § 38.06 of the Texas Penal Code, occurs when a person escapes from custody when the person is:

• under arrest for, lawfully detained for, charged with, or convicted of an offense;
• in custody pursuant to a lawful order of a court;
• detained in a secure detention facility, as that term is defined by Section 51.02, Family Code; or
• in the custody of a juvenile probation officer for violating an order imposed by the juvenile court under Section 52.01, Family Code.

An offense under this section is a Class A misdemeanor.

An offense under this section is a felony of the third degree if the actor:

• is under arrest for, charged with, or convicted of a felony;
• is confined or lawfully detained in a secure correctional facility or law enforcement facility; or
• 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.

An offense under this section is a felony of the second degree if the actor to effect his escape causes bodily injury.

An offense under this section is a felony of the first degree if to effect his escape the actor:

• causes serious bodily injury; or
• uses or threatens to use a deadly weapon.

Punishment Range

Misdemeanor A

• Confinement in jail for a term not to exceed one year
• Fine not to exceed $4,000
• Both such fine and confinement

Third Degree Felony

• Imprisonment in the institutional division for not more than 10 years or less than two years
• In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony

• Imprisonment in the institutional division for not more than 20 years or less than two years
• In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

• Imprisonment in the institutional division for life, or
• Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
• In addition to imprisonment, may receive a fine not to exceed $10,000