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 state, or with intent to hinder the arrest of another under the authority of a warrant or capias, 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) Except as provided by Subsection (d), an offense under this section is a Class A misdemeanor.
(d) 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.
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.
Amended by:
Acts 2005, 79th Leg., Ch. 607 (H.B. 2104), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.19, eff. September 1, 2007.
Notes of Decisions
Cited in
102
cases (
9 in the last 5 years), 1982–2026 · leading case:
Teal v. State, 230 S.W.3d 172 (Tex. Crim. App. 2007).
Teal v. State, 230 S.W.3d 172 (Tex. Crim. App. 2007).
· cites it 8× “Consequently, we have an incomplete indictment alleging the felony offense of hindering apprehension, so the indictment was defective, and appellant was required by statute to lodge a pretrial objection to preserve error on appeal.”
Freeman v. Gore, 483 F.3d 404 (5th Cir. 2007).
· cites it 2× “The district court expressly rejected the deputies’ arguments that (i) they simply detained, rather than arrested, Freeman, and that they had the requisite reasonable suspicion to do so; and (ii) they had probable cause to arrest Freeman for Interference with Public Duties, in…”
Hall v. State, 283 S.W.3d 137 (Tex. App. 2009).
· cites it 3× “See Tex. Penal Code Ann. § 38.05 . Section 38.”
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007).
· cites it 2× “03(b)); hindering apprehension (TEX. PENAL CODE § 38.05(c)); escape (TEX.”
Nowlin, Keiona Dashelle, 473 S.W.3d 312 (Tex. Crim. App. 2015).
· cites it 2× “• See Tex. Penal Code § 38.05(a), (d). Only the last element, knowledge of the individual’s being charged with a felony, is being challenged *318 in this case.”
Thai Ngoc Nguyen v. State, 292 S.W.3d 671 (Tex. Crim. App. 2009).
· cites it 2× “Hindering Apprehension or Prosecution, TEX. PENAL CODE § 38.05, states that a "person commits and offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense .”
Rotenberry v. State, 245 S.W.3d 583 (Tex. App. 2007).
· cites it 2× “3d at 660 ; Sanford, 2006 WL 1119257 , at *1; see Tex. Penal Code Ann. § 38.05 . (Vernon Supp.”
Guevara v. State, 297 S.W.3d 350 (Tex. App. 2009).
· cites it 4× “” Tex. Penal Code Ann. § 38.05 (a)(2) (Vernon Supp.”
Wiley, Sam Jr., 410 S.W.3d 313 (Tex. Crim. App. 2013).
“Tex. Penal Code § 38.05. 2 . Tex.R.App. P.”
King v. State, 76 S.W.3d 659 (Tex. App. 2002).
· cites it 2× “” Tex. Pen.Code Ann. § 38.05 (Vernon Supp. 2001) (emphasis added).”
Jimenez v. Wood Cnty., 660 F.3d 841 (5th Cir. 2011).
“” Tex. Penal Code Ann. § 38.05 (a). Except under circumstances not relevant here, this offense is a Class A Misdemeanor.”
United States v. Blount, 123 F.3d 831 (5th Cir. 1996).
· cites it 2× “31 Tex. Penal Code Ann. § 38.05 . 32 Antu v.”
— Tex. Penal Code § 38.05(a) — 15 cases
Teal v. State, 230 S.W.3d 172 (Tex. Crim. App. 2007).
“Consequently, we have an incomplete indictment alleging the felony offense of hindering apprehension, so the indictment was defective, and appellant was required by statute to lodge a pretrial objection to preserve error on appeal.”
Nowlin, Keiona Dashelle, 473 S.W.3d 312 (Tex. Crim. App. 2015).
“• See Tex. Penal Code § 38.05(a), (d). Only the last element, knowledge of the individual’s being charged with a felony, is being challenged *318 in this case.”
King v. State, 76 S.W.3d 659 (Tex. App. 2002).
“” Tex. Pen.Code Ann. § 38.05 (Vernon Supp. 2001) (emphasis added).”
— Tex. Penal Code § 38.05(a)(1) — 4 cases
— Tex. Penal Code § 38.05(a)(2) — 3 cases
Guevara v. State, 297 S.W.3d 350 (Tex. App. 2009).
“” Tex. Penal Code Ann. § 38.05 (a)(2) (Vernon Supp.”
— Tex. Penal Code § 38.05(a)(3) — 2 cases
— Tex. Penal Code § 38.05(c) — 6 cases
Teal v. State, 230 S.W.3d 172 (Tex. Crim. App. 2007).
“Consequently, we have an incomplete indictment alleging the felony offense of hindering apprehension, so the indictment was defective, and appellant was required by statute to lodge a pretrial objection to preserve error on appeal.”
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007).
“03(b)); hindering apprehension (TEX. PENAL CODE § 38.05(c)); escape (TEX.”
— Tex. Penal Code § 38.05(d) — 5 cases
Nowlin, Keiona Dashelle, 473 S.W.3d 312 (Tex. Crim. App. 2015).
“• See Tex. Penal Code § 38.05(a), (d). Only the last element, knowledge of the individual’s being charged with a felony, is being challenged *318 in this case.”
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