Texas Penal Code 38.09 – Implements for Escape
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(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.
Terms Used In Texas Penal Code 38.09
- Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
- Correctional facility: means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. See Texas Penal Code 1.07
- Deadly weapon: means :
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Texas Penal Code 1.07 - Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
(c) In this section, “correctional facility” means:
(1) any place described by § 1.07(a)(14); or
(2) a “secure correctional facility” or “secure detention facility” as those terms are defined by § 51.02, Family Code.