2023 Texas Statutes › Penal Code › Title 8 - Offenses Against Public Administration › Chapter 38 - Obstructing Governmental Operation › Section 38.04. Evading Arrest or Detention

Sec. 38.04.  EVADING ARREST OR DETENTION.  (a)  A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.
Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 839 (H.B. 3423), Sec. 4, and Ch. 391, Sec. 1
(b)  An offense under this section is a Class A misdemeanor, except that the offense is:
(1)  a state jail felony if:
(A)  the actor has been previously convicted under this section; or
(B)  the actor uses a vehicle or watercraft while the actor is in flight and the actor has not been previously convicted under this section;
(2)  a felony of the third degree if:
(A)  the actor uses a vehicle or watercraft while the actor is in flight and the actor has been previously convicted under this section; or
(B)  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
(3)  a 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.
Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 920 (S.B. 1416), Sec. 3
(b)  An offense under this section is a Class A misdemeanor, except that the offense is:
(1)  a state jail felony if  the actor has been previously convicted under this section;
(2)  a felony of the third degree if:
(A)  the actor uses a vehicle while the actor is in flight;
(B)  another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or
(C)  the actor uses a tire deflation device against the officer while the actor is in flight; or
(3)  a felony of the second degree if:
(A)  another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or
(B)  another suffers serious bodily injury as a direct result of the actor's use of a tire deflation device while the actor is in flight.
(b-1)  Notwithstanding Subsection (b), an offense under this section is a felony of the third degree if it is shown on the trial of the offense that the actor committed the offense in the course of committing an offense under Section 20.05(a)(2).
(c)  In this section:
(1)  "Vehicle" has the meaning assigned by Section 541.201, Transportation Code.
(2)  "Tire deflation device" has the meaning assigned by Section 46.01.
(3)  "Watercraft" has the meaning assigned by Section 49.01.
(d)  A person who is subject to prosecution under both this section and another law may be prosecuted under either or both this section and the other law.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1987, 70th Leg., ch. 504, Sec. 1, eff. Sept. 1, 1987.  Acts 1989, 71st Leg., ch. 126, Sec. 1, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1995, 74th Leg., ch. 708, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 30.240, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1334, Sec. 3, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1480, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1400 (H.B. 221), Sec. 4, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 391 (S.B. 496), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 839 (H.B. 3423), Sec. 4, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 920 (S.B. 1416), Sec. 3, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(38), eff. September 1, 2013.
Acts 2023, 88th Leg., 3rd C.S., Ch. 1 (S.B. 4), Sec. 11, eff. February 6, 2024.