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Hindering Apprehension or Prosecution

Chapter 38 of the Texas Penal Code defines offenses relating to the obstruction of governmental operation.

“Hindering Apprehension or Prosecution”, as per § 38.05 of the Texas Penal Code, occurs when a person, 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 state, or with intent to hinder the arrest of another under the authority of a warrant or capias:

  • harbors or conceals the other;
  • provides or aids in providing the other with any means of avoiding arrest or effecting escape; or
  • warns the other of impending discovery or apprehension.

An offense under this section is a Class A misdemeanor.

An offense under this section 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, including an offense under Section 62.102, Code of Criminal Procedure, 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, including an offense under Section 62.102, Code of Criminal Procedure, 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.

Punishment Range

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years
  • In addition to imprisonment, may receive a fine not to exceed $10,000

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