Sec. 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, 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.
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