Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Escape

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.

Severity of Crime

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