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

Request a Free Case Evaluation

Let Us Put Our Experience to Work for You
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please enter your charge.
  • Please select an option.
  • Please enter your date of arrest.
  • Please enter an answer.
  • Please make a selection.
  • Please enter a message.