Texas Penal Code Practice

Under Texas law, the term "escape" refers specifically to the act of intentionally leaving custody or confinement without permission. This definition is crucial because it establishes the core element of the offense: the lack of authorization when departing from a controlled environment, such as a jail or prison.

The focus is on the intent behind the action. If an individual actively chooses to exit custody without the required permission, it qualifies as an escape, which can lead to additional legal consequences, including potential charges. This intentionality distinguishes escape from other actions that may involve custody but do not fall under the definition of escape.

In contrast, leaving custody with permission does not constitute an escape, as the individual is acting within the legal boundaries set by law enforcement or correctional authorities. Similarly, being released early from confinement is legitimate and often part of parole or probation procedures, thus not related to escape. Failing to report back to prison may indicate a breach of a specific directive but does not inherently mean the individual has escaped; it may refer more to a separate violation of conditions of release or parole.