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Sec. 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) [amended 9/1/95] An offense under this section is a Class B misdemeanor, except that the offense is:
(1) a Class A misdemeanor 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 state jail felony if the actor uses a vehicle while the actor is in flight and the actor has been previously convicted under this section;
(3) a felony of the third degree if 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
(4) 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) [added 9/1/95] In this section, "vehicle" has the meaning assigned by Section 541.201, Transportation Code.
(d) [added 9/1/95] 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.
Eff 9/1/97 nonsubstantive change in (c) from "Section 2, Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes)" to "Section 541.201, Transportation Code"
Before 9/1/95 (b) provided:
(b) An offense under this section is a Class B misdemeanor, except that the offense is a felony of the third degree if a peace officer suffers serious bodily injury or death from any cause other than an assault or homicide by the actor as a direct result of an attempt by the officer to apprehend the actor while the actor is in flight.
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