WHAT IS IMPLEMENTS FOR ESCAPE IN TEXAS?
The Texas law against implements for escape prohibits providing another who is custody anything that could be used to escape custody, including a deadly weapon.
WHAT IS THE IMPLEMENTS FOR ESCAPE LAW IN TEXAS?
Tex. Penal Code § 38.09. IMPLEMENTS FOR ESCAPE.
(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.
(b) An offense under this section is a felony of the third degree unless the actor introduced or provided a deadly weapon, in which event the offense is a felony of the second degree.
WHAT IS THE PENALTY CLASS FOR IMPLEMENTS FOR ESCAPE IN TEXAS?
Implements for escape is a third degree felony, punishable by two to ten years in prison. Implements for escape is enhanced to a second degree felony, punishable by two to 20 years in prison, if the person provides another in custody with a deadly weapon to effect an escape.
WHAT IS THE PUNISHMENT RANGE FOR IMPLEMENTS FOR ESCAPE IN TEXAS?
A person charged with second degree felony implements for escape faces between two and 20 years in prison, and a maximum fine of $10,000. If the implements for escape is charged as a third degree felony, a person faces between two and ten years in prison, and up to a $10,000 fine.
WHAT ARE THE PENALTIES FOR IMPLEMENTS FOR ESCAPE IN TEXAS?
A person charged with implements for escape may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed ten years.
WHAT ARE THE DEFENSES TO IMPLEMENTS FOR ESCAPE IN TEXAS?
The statute does not authorize specific defenses to implements for escape. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.
WHAT IS THE STATUTE OF LIMITATIONS FOR IMPLEMENTS FOR ESCAPE IN TEXAS?
The limitation period for implements for escape, charged as either a third degree or second degree felony, is three years.
IMPLEMENTS FOR ESCAPE IN TEXAS
It is a second degree felony to provide an inmate or anyone in custody with a deadly weapon, intending to aid in their escape from custody. Providing or “introducing” anything else into a correctional facility that could be used in an escape attempt is a third degree felony.
TEXAS IMPLEMENTS FOR ESCAPE COURT CASES
The case law regarding implements for escape in Texas gives examples of prohibited conduct.
- In Jones v. State, the defendant brought a gun to visitation with her boyfriend, a prison inmate. Five days later, the boyfriend used the gun to hold a guard hostage in an attempt to escape. The plan was foiled, and he confessed the defendant supplied the gun for him, and he smuggled it past the guards at visitation. The defendant was convicted of introducing implements for escape into a correctional facility, and the appellate court affirmed.
