Evading Arrest or Detention

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

“Evading Arrest or Detention”, as per § 38.04 of the Texas Penal Code, occurs when a person intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.

An offense under this section is a Class A misdemeanor, except that the offense is:

• a state jail felony if:

• the actor has been previously convicted under this section; or
• the actor uses a vehicle or watercraft while the actor is in flight and the actor has not been previously convicted under this section;

• a felony of the third degree if:

• the actor uses a vehicle or watercraft while the actor is in flight and the actor has been previously convicted under this section; or
• another suffers serious bodily injury as a direct result of an attempt by the officer or investigator from whom the actor is fleeing to apprehend the actor while the actor is in flight; or

• felony of the second degree if another suffers death as a direct result of an attempt by the officer or investigator from whom the actor is fleeing to apprehend the actor while the actor is in flight.

Punishment Range

Misdemeanor A

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

State Jail Felony

• Confinement in a state jail for not more than two years and not less than 180 days
• In addition to confinement, may receive a fine not to exceed $10,000

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

Second Degree Felony

• Imprisonment in the institutional division for not more than 20 years or less than two years
• In addition to imprisonment, may receive a fine not to exceed $10,000