CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION
§ 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
(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, 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
(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.