Hindering Apprehension or Prosecution

From the Law Office of Alison Grinter in Dallas, Texas

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

Degree

Hindering apprehension or prosecution is class A misdemeanor unless it is a felony-grade arrest or prosecution that is being hindered, in which case, it is a third degree felony.

Statute(s)

§ 38.05. HINDERING APPREHENSION OR PROSECUTION. (a) A
person commits an offense if, with intent to hinder the arrest,
prosecution, conviction, or punishment of another for an offense
or, with intent to hinder the arrest, detention, adjudication, or
disposition of a child for engaging in delinquent conduct that
violates a penal law of the state, or with intent to hinder the
arrest of another under the authority of a warrant or capias, he:
(1) harbors or conceals the other;
(2) provides or aids in providing the other with any
means of avoiding arrest or effecting escape; or
(3) warns the other of impending discovery or
apprehension.
(b) It is a defense to prosecution under Subsection (a)(3)
that the warning was given in connection with an effort to bring
another into compliance with the law.
(c) Except as provided by Subsection (d), an offense under
this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third
degree if the person who is harbored, concealed, provided with a
means of avoiding arrest or effecting escape, or warned of
discovery or apprehension is under arrest for, charged with, or
convicted of a felony, including an offense under Section 62.102,
Code of Criminal Procedure, or is in custody or detention for, is
alleged in a petition to have engaged in, or has been adjudicated as
having engaged in delinquent conduct that violates a penal law of
the grade of felony, including an offense under Section 62.102,
Code of Criminal Procedure, and the person charged under this
section knew that the person they harbored, concealed, provided
with a means of avoiding arrest or effecting escape, or warned of
discovery or apprehension is under arrest for, charged with, or
convicted of a felony, or is in custody or detention for, is alleged
in a petition to have engaged in, or has been adjudicated as having
engaged in delinquent conduct that violates a penal law of the grade
of felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 748, § 1, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
Acts 1995, 74th Leg., ch. 318, § 11, eff. Sept. 1, 1995.

Amended by:
Acts 2005, 79th Leg., Ch. 607, § 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 593, § 1.19, eff.
September 1, 2007.

Caselaw

Collateral Consequences

See Felony Convictions

Might be construed as a crime of moral turpitude

Notes

This statute's reference to CCP 62.102, Failure to Register as a Sex Offender is particularly troubling to me. It is already a statute that places an almost unbearable burden on the family of offenders. Those who fail to fully comply with the requirements of sex offender registration do so, in large part, by failing to change their address with authorities, or by missing a follow-up appointment. The idea that once someone fails to comply with registration requirements, they should be effectively shunned by their families or else the family members are guilty of a felony offense seems unduly harsh.

Discuss this offense with The Law Office of Alison Grinter