It is no defense to prosecution under Section 38.06 or 38.07 that the custody was unlawful.
Official text of the Texas Penal Code as published by the Texas Legislative Council.
Penal Code › Title 8 › Chapter 38
Texas Penal Code § 38.08
Effect of Unlawful Custody
Obstructing Governmental Operation
Legislative history
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 38.09 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.