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Bail Jumping and Failure to Appear

Chapter 38 of the Texas Penal Code defines offenses relating to the obstruction of governmental operation.

“Bail Jumping and Failure to Appear”, as per § 38.10 of the Texas Penal Code, occurs when a person lawfully released from custody, with or without bail, on condition that he subsequently appear commits an offense if he intentionally or knowingly fails to appear in accordance with the terms of his release.

An offense under this section is a Class C misdemeanor if the offense for which the actor's appearance was required is punishable by fine only.

An offense under this section is a felony of the third degree if the offense for which the actor's appearance was required is classified as a felony.

Any other offense under this section is a Class A misdemeanor.

Punishment Range

Misdemeanor C

  • Fine not to exceed $500

Misdemeanor A

  • Confinement in jail for a term not to exceed one year
  • Fine not to exceed $4,000
  • Both such fine and confinement

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

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