Penal Code · §38.04

Evading Arrest or Detention

Elements

  • A person
  • Intentionally flees from a person
  • He knows is a peace officer or federal special investigator
  • Attempting lawfully to arrest or detain him

Penalty

Class A misdemeanor base — up to 1 year county jail + up to $4,000 fine (§12.21). State jail felony if actor has been previously convicted under §38.04 — 180 days to 2 years + up to $10,000 fine (§12.35). Third-degree felony if the actor uses a vehicle or watercraft while in flight (and has not been previously convicted under §38.04), OR if another suffers serious bodily injury as a direct result — 2 to 10 years + up to $10,000 fine (§12.34). Second-degree felony if another suffers death as a direct result, or actor has prior §38.04 with vehicle — 2 to 20 years + up to $10,000 fine (§12.33).

Enhancements

Use of a tire deflation device against the actor's vehicle does not relieve the actor of liability. Vehicle/watercraft enhancement is the most commonly charged felony version.

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