Texas Penal Code - Section 38.04. Evading Arrest Or Detention
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Texas Lawyer > Penal Code > Texas Penal Code - Section 38.04. Evading Arrest Or Detention
§ 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 B misdemeanor,
except that the offense is:
(1) a state jail felony if 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, 2001.
Section: 37.101 37.11 37.12 37.13 38.01 38.02 38.03 38.04 38.05 38.06 38.07 38.08 38.09 38.10 38.11
Last modified: August 11, 2007
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