38.08 – EFFECT OF UNLAWFUL CUSTODY. It is no defense to
Texas Penal Code § 38.08
Summary
This law clarifies that a defendant cannot use unlawful custody as a defense against charges related to escape or resisting arrest. It applies to individuals charged under specific sections of the Penal Code, ensuring that the legality of custody does not impact the prosecution's case.
Unlawful custody is not a valid defense in escape cases.
Applies to charges under Sections 38.06 and 38.07.
Ensures accountability regardless of custody legality.
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In simple terms: Learn about Texas's EFFECT OF UNLAWFUL CUSTODY. It is no defense to law, including definitions, penalties, and legal implications.. This means people must follow this rule, and breaking it can lead to criminal penalties.
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