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

Permitting or Facilitating Escape

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

“Permitting or Facilitating Escape”, as per § 38.07 of the Texas Penal Code, occurs when an official or employee of a correctional facility knowingly permits or facilitates the escape of a person in custody.

A person commits an offense if he knowingly causes or facilitates the escape of one who is in custody pursuant to:

  • an allegation or adjudication of delinquency; or

  • involuntary commitment for mental illness under Subtitle C, Title 7, Health and Safety Code, or for chemical dependency under Chapter 462, Health and Safety 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 person in custody:

  • was under arrest for, charged with, or convicted of a felony; or

  • was confined in a correctional facility other than a secure correctional facility after conviction of a felony.

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

  • the actor or the person in custody used or threatened to use a deadly weapon to effect the escape; or

  • the person in custody was confined in a secure correctional facility after conviction of a felony.

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