It is no defense to prosecution under Section 38.06 or 38.07 that the custody was unlawful.
Tex. Penal Code § 38.08
EFFECT OF UNLAWFUL CUSTODY
Applied in 2 court decisions — leading case Ortega v. State (2006)
Most recently applied in Clement v. State (February 2008)
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.