The Texas law against escape prohibits a person in custody who is charged with, convicted of, or detained or under arrest for an offense from moving outside the bounds of confinement without authority.
(a) A person commits an offense if the person escapes from custody when the person is:
(1) under arrest for, lawfully detained for, charged with, or convicted of an offense;
(2) in custody pursuant to a lawful order of a court;
(3) detained in a secure detention facility, as that term is defined by Section 51.02, Family Code; or
(4) in the custody of a juvenile probation officer for violating an order imposed by the juvenile court under Section 52.01, Family Code.
(b) Except as provided in Subsections (c), (d), and (e), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the actor:
(1) is under arrest for, charged with, or convicted of a felony;
(2) is confined or lawfully detained in a secure correctional facility or law enforcement facility; or
(3) 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.
(d) An offense under this section is a felony of the second degree if the actor to effect his escape causes bodily injury.
(e) An offense under this section is a felony of the first degree if to effect his escape the actor:
(1) causes serious bodily injury; or
(2) uses or threatens to use a deadly weapon.
The penalty classification for escape depends on the severity of the conduct, and the escapee’s status at the time of the offense. By default, escape from custody is a Class A misdemeanor, punishable by up to one year in county jail. The penalty category for escape is increased to a:
A person charged with escape may face a punishment range of up to one year in jail, or up to life in prison, depending on the person’s conduct.
A person charged with escape may be eligible for either probation after a conviction, or deferred adjudication without a conviction. The maximum term of community supervision for a first degree, second degree, or third degree felony escape is ten years. The period of community supervision for a Class A misdemeanor escape charge may not exceed two years.
The statute does not authorize specific defenses to escape. A person accused thereof may assert any of the justification defenses, or attempt to negate at least one of the elements the State must prove at trial.
The limitation period for escape categorized as a Class A misdemeanor is two years. If the escape is classified as a felony, the limitation period is three years.
In 2011, the Legislature expanded the application of the escape statute to those who were “lawfully detained for” a crime. Texas courts, however, continue to hold that escape can only occur after an officer has successfully restrained or restricted a suspect’s movement.
The case law regarding escape in Texas shows that, despite the Legislature’s 2011 amendment adding the “lawfully detained for” language, courts continue to require a restriction of a person’s liberty beyond an ordinary investigative detention to sustain an escape conviction.
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Winning
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