FastLaws: 2004 Texas Penal Code, Sec. 38.05. Hindering Apprehension or Prosecution.

FastLaws™ is produced by
Freelance Enterprises, Inc.

Please see the Terms of Use Policy
for information on copyright, disclaimer of warranties, and sources.

Please send your feedback, suggestions, and
other comments by using the contact page.
To tell others about this site, use the referral page.

A D V E R T I S E M E N T S

Baker's Legal Pages and FastLaws have no relationship with the advertisers whose ads appear below.

Baker's Texas Penal Code Handbook includes the full text of the Texas Penal Code as amended through the 79th Session of the Texas Legislature, and contains over 16,000 case notes from reported Texas court decisions, constituting a one-volume annotated Texas Penal Code. For more information visit the Baker's Texas Penal Code Handbook information page. The 2006 Edition of Baker's Texas Penal Code Handbook contains 338 case notes under Chapter 38. Use our order form to place your order today.

From bills passed at the 79th Regular Session of the Texas Legislature (2005):

(see caveat and source notes at the 79th Regular Session page)

Penal Code Provision	Change	Bill	Sec.
Sec. 38.05 (a)	amended	HB 2104	1

2004 Texas Penal Code

TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION

CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION

FastLaws™ Home
Penal Code Table of Contents
Chapter 38 Table of Contents
prior provision
next provision

Sec. 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 grade of felony, 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) An offense under this section is a Class A misdemeanor, except that the offense 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, 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, 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, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 748, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 11, eff. Sept. 1, 1995.

A D V E R T I S E M E N T S

Baker's Legal Pages and FastLaws have no relationship with the advertisers whose ads appear below.