Failure to Report Felony

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

“Failure to Report Felony”, as per § 38.171 of the Texas Penal Code, occurs when a person:

observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed in which serious bodily injury or death may have resulted; and

fails to immediately report the commission of the offense to a peace officer or law enforcement agency under circumstances in which:

a reasonable person would believe that the commission of the offense had not been reported; and
the person could immediately report the commission of the offense without placing himself or herself in danger of suffering serious bodily injury or death.

An offense under this section is a Class A misdemeanor.

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

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