The Texas Implements for Escape law allows police to arrest you if they believe that 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.
FAQs about the
Implements for Escape law in Texas
- What is the current Texas law about Implements for Escape?
- What is the penalty for a Texas Implements for Escape offense?
- How can I be charged with an Implements for Escape offense in Texas?
- What is the statute of limitations for Implements for Escape in Texas?
- Can you get probation for Implements for Escape in Texas?
- What level of crime is Implements for Escape in Texas?
The Texas Legislature codified this criminal offense in Texas Penal Code Section 38.09. The Legislature did not update this law in 2025. In fact, this law has not been amended since 2007.
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Other Texas criminal offenses related to escaping from custody include Escape and Permitting or Facilitating Escape.
The Penal Code classifies 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?
Texas Penal Code §38.09 currently defines Implements for Escape 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.
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,[2] 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,[3] with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years.
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 has been met.
What is the statute of limitations for Implements for Escape in Texas?
The statute of limitations for Implements for Escape offenses in Texas is three years.[4]
Can you get probation for Implements for Escape in Texas?
Yes. Probation is generally available for Implements for Escape in Texas. The Texas Code of Criminal Procedure allows both judges and juries to grant community supervision, commonly called probation, for Implements for Escape, and judges may also grant deferred adjudication community supervision.[5]
However, important restrictions apply. Neither a judge nor a jury may grant community supervision if the imposed term of imprisonment exceeds 10 years.[6] Additionally, a judge 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.
Legal References compiled by attorney Paul Saputo:
