Evading Arrest or Detention
Intentionally flees from a person known to be a peace officer or federal special investigator who is attempting lawfully to arrest or detain him.
To prove this offense, the State must establish each of the following elements: Intentional flight from peace officer; Officer attempting lawful arrest or detention; Use of vehicle = state jail felony minimum.
The base classification is Class A misdemeanor on foot (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Intentional flight from peace officer
- Officer attempting lawful arrest or detention
- Use of vehicle = state jail felony minimum
Intentionally flees from a person known to be a peace officer or federal special investigator who is attempting lawfully to arrest or detain him.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Use of vehicle or watercraft | State jail felony | §38.04(b)(2)(A) |
| Vehicle/watercraft + prior §38.04 OR causes SBI | 3rd degree felony | §38.04(b)(2)(B) |
| Causes death of another | 2nd degree felony | §38.04(b)(3) |
Practice 1 question on this topic
Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.
Worked examples
SCENARIO. A driver speeds away from an officer-initiated traffic stop, leading a 3-mile pursuit before being stopped at a roadblock. Best charge?
- Only a Class C speeding violation
- Penal Code §38.04 Evading Arrest or Detention (with vehicle) — state jail felony at baseline; AND traffic violations as appropriate Correct
- Disorderly Conduct
- Reckless Driving only