Evading Arrest or Detention

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

Evading on foot or without a vehicle is a class A misdemeanor. It is a state jail felony if there is a previous conviction for Evading, or if vehicle is used. It is a third degree felony if the defendant has a previous conviction for evading, or if someone is hurt in the process (either by the defendant or by the chasing officer), and it is a second degree felony if someone is killed in the process.

Statute(s)

§ 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 attempting lawfully to arrest or detain him.

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 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 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 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 from whom the actor is fleeing to apprehend the actor while the actor is in flight.

((c) In this section, "vehicle" has the meaning assigned by Section 541.201, Transportation Code.
(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, § 1, eff. Jan. 1, 1974.
Amended by Acts 1987, 70th Leg., ch. 504, § 1, eff. Sept. 1,
1987. Acts 1989, 71st Leg., ch. 126, § 1, eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
1995, 74th Leg., ch. 708, § 1, eff. Sept. 1, 1995; Acts 1997,
75th Leg., ch. 165, § 30.240, eff. Sept. 1, 1997; Acts 2001,
77th Leg., ch. 1334, § 3, eff. Sept. 1, 2001; Acts 2001, 77th
Leg., ch. 1480, § 1, eff. Sept. 1, 2009.