The Permitting or Facilitating Escape crime in the state of Texas makes it a criminal offense for an employee of a correctional facility to allow an escape to happen or to facilitate an escape. The offense also covers anyone who helps a juvenile escape from a juvenile detention center or helps someone escape from involuntary mental health commitment. Learn more detailed information about the Permitting or Facilitating Escape offense below.

Permitting or Facilitating Escape is classified in the Texas Penal Code under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.”

What is the current Texas law about Permitting or Facilitating Escape?

The current Texas law defines the offense of Permitting or Facilitating Escape in Penal Code Section §38.07 as follows:^[1]

(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.

How can I be charged with Permitting or Facilitating Escape?

You can be charged with Permitting or Facilitating Escape if the state’s attorneys believe that each of the elements of 38.07(a) as described in the section above have been met.

What is the punishment for Permitting or Facilitating Escape?

A conviction for Permitting or Facilitating Escape is punished by default as a Class A misdemeanor,^[2] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

however, if the person who escaped was in custody or imprisoned for a felony, then a conviction for Permitting or Facilitating Escape 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.

And if the person who is in custody or imprisoned threatens to use a deadly weapon to help escape, then a conviction for Permitting or Facilitating Escape 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

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Legal References:

^1. Texas Penal Code §38.07^2. Texas Penal Code §38.07(c)^3. Texas Penal Code §38.07(d)^4. Texas Penal Code §38.07(e)