Implements for Escape: Texas Penal Code §38.09

The Texas Implements for Escape law gives police the right to arrest you if they believe you brought a deadly weapon or anything else that might have been useful for an escape into a correctional facility, or you provided an inmate directly with one of those implements for escape, through which you intended to facilitate an escape.

The Texas legislature codified this criminal offense in Texas Penal Code Section 38.09. The legislature did not update this law in 2023. In fact, this law has not been amended since 2007.

Other Texas criminal offenses related to escaping from custody include Escape and Permitting or Facilitating Escape.

The Penal Code codifies the Texas Implements for Escape law under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.” Learn more about the Texas offense of Implements for Escape below.

What is the current Texas law about Implements for Escape?

The current Texas law defines the offense of Implements for Escape in Penal Code Section §38.09 as follows:^[1]

(a) A person commits an offense if, with intent to facilitate escape, he introduces into a correctional facility, or provides a person in custody or an inmate with, a deadly weapon or anything that may be useful for escape.

How can I be charged with an Implements for Escape offense in Texas?

You can be charged with Implements for Escape in Texas if the state’s attorneys believe that each of the elements of 38.09(a) as described in the section above have been met.

What is the statute of limitation for Implements for Escape in Texas?

Implements for Escape offenses have a three-year limitations period.^[2]

What is the penalty for a Texas Implements for Escape offense?

A conviction for Implements for Escape in Texas is punished as a Felony of the Third Degree,^[3] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

If the actor provides a deadly weapon then a conviction for Implements for Escape in Texas is punished as a Felony of the Second Degree,^[4] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years. Learn about the differences between grades of felonies and misdemeanors here.

Can you get probation for Implements for Escape in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Implements for Escape, and judges are also allowed to accept deferred adjudication plea deals.^[5]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[6] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[7]

What level of crime is Implements for Escape in Texas?

The Penal Code classifies Implements for Escape as a either a second or third degree felony, depending on the circumstances.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §38.09. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.01(9)^3. Texas Penal Code Section §38.09(b)^4. Texas Penal Code §38.09(b)^5. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^6. Art. 42A.053(c), Texas Code of Criminal Procedure^7. Art. 42A.054(b), Texas Code of Criminal Procedure