Sec. 38.06. ESCAPE. (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.
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