Texas Penal Code - PENAL § 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,  1 or for chemical dependency under Chapter 462, 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(a)(14) ;  or

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

1 V.T.C.A., Health & Safety Code § 571.001 et seq.

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