Texas Penal Code

§ 38.04 — EVADING ARREST OR DETENTION

PE § 38.04Title 8. OFFENSES AGAINST PUBLIC ADMINISTRATION · Ch. 38. OBSTRUCTING GOVERNMENTAL OPERATION

Statute text

(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 (S.B. 496), 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

…

Legislative history

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. 2 (S.B. 4), Sec. 11, eff. February 6, 2024.