Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 38.08 - Effect of Unlawful Custody
It is no defense to prosecution under Section 38.06 or 38.07 that the custody was unlawful.
Tex. Pen. Code § 38.08
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. 1/1/1974. Renumbered from Penal Code Sec. 38.09 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. 9/1/1994.