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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