Texas Penal Code - Section 38.10. Bail Jumping And Failure To Appear
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§ 38.10. BAIL JUMPING AND FAILURE TO APPEAR. (a) A person
lawfully released from custody, with or without bail, on condition
that he subsequently appear commits an offense if he intentionally
or knowingly fails to appear in accordance with the terms of his
release.
(b) It is a defense to prosecution under this section that
the appearance was incident to community supervision, parole, or an
intermittent sentence.
(c) It is a defense to prosecution under this section that
the actor had a reasonable excuse for his failure to appear in
accordance with the terms of his release.
(d) Except as provided in Subsections (e) and (f), an
offense under this section is a Class A misdemeanor.
(e) An offense under this section is a Class C misdemeanor
if the offense for which the actor's appearance was required is
punishable by fine only.
(f) An offense under this section is a felony of the third
degree if the offense for which the actor's appearance was required
is classified as a felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 38.11 and amended by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
Section: 38.03 38.04 38.05 38.06 38.07 38.08 38.09 38.10 38.11 38.111 38.112 38.113 38.114 38.12 38.122
Last modified: August 11, 2007
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