Tex. Codes » Penal Code · TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION · CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION
Texas Codes

Tex. Penal Code § 38.10 (2026)

Bail Jumping And Failure To Appear

✓ current as of May 2026
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 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, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 38.11 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 164 cases (21 in the last 5 years), 1996–2026 · leading case: Marascio, Eric Reed, 471 S.W.3d 832 (Tex. Crim. App. 2015).
Sort: Relevance Newest Treatment
Marascio, Eric Reed, 471 S.W.3d 832 (Tex. Crim. App. 2015). · cites it 6× “8 6 The State tried Applicant under six separate indictments, consolidated into one trial, for the offenses of Bail Jumping and Failure to Appear under Texas Penal Code § 38.10, contending that he missed the pre-trial setting for each of the three offenses, and he missed the…”
Walker v. State, 291 S.W.3d 114 (Tex. App. 2009). · cites it 6× “” Tex. Penal Code Ann. § 38.10 (a) (Vernon 2003).”
Bell v. State, 63 S.W.3d 529 (Tex. App. 2001). · cites it 4× “Tex. Pen.Code Ann. § 38.10 (Vernon 1994).”
Austin v. State, 934 S.W.2d 672 (Tex. Crim. App. 1996). · cites it 4× “Tex. Penal Code Ann. § 38.10 . Punishment was assessed at fifty years.”
Bailey v. State, 507 S.W.3d 740 (Tex. Crim. App. 2016). · cites it 4× “*743 2) Did the court of appeals err in determining trial counsel’s disclosure was not ineffective assistance of counsel but instead an “implied waiver?” 3) Does implied waiver under the “offensive use” doctrine apply to the general defense of reasonable excuse provided for in…”
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007). · cites it 2× “06(c)(1)); bail jumping (TEX. PENAL CODE § 38.10(f)). [20] TEX. PENAL CODE § 20.”
ODonnell v. Harris Cnty., 251 F. Supp. 3d 1052 (S.D. Tex. 2017). · cites it 2× “See Tex. Penal Code § 38.10. At bottom, even if there were á difference between the indemnitor effects of having a commercial bondsman paid by the defendant’s friends or family monitor and encourage the defendant’s appearance, 55 versus having Harris County Pretrial Services…”
Kendric Johnson v. State, 416 S.W.3d 602 (Tex. App. 2013). · cites it 3× “See Tex. Penal Code Ann. § 38.10 (a) (Vernon 2011); Walker v.”
Gary Carson v. State, 515 S.W.3d 372 (Tex. App. 2017). · cites it 2× “2016), and three counts of bail jumping, TEX. PENAL CODE ANN. § 38.10 (West 2011).”
Mullins v. State, 208 S.W.3d 469 (Tex. App. 2006). “1 See Tex. PeNal Code ANN. § 38.10(f) (Vernon 2003) (third-degree felony, if offense for which appearance required is classified as felony).”
Troy Allen Timmins v. State, 560 S.W.3d 671 (Tex. App. 2018). · cites it 5× “TEX. PENAL CODE ANN. § 38.10 (West 2016).”
Lajuan Cecile Bailey v. State, 469 S.W.3d 762 (Tex. App. 2015). · cites it 4× “See TEX. PENAL CODE ANN. § 38.10. It assessed punishment at 10 years’ confinement and a $10,000 fine.”
Show all 164 citing cases →
— Tex. Penal Code § 38.10(C) — 1 case
Kenneth Lamont Simmons v. State (Tex. App. 2010).
— Tex. Penal Code § 38.10(a) — 44 cases
Houston v. State, 286 S.W.3d 604 (Tex. App. 2009).
Azeez v. State, 248 S.W.3d 182 (Tex. Crim. App. 2008).
Troy Allen Timmins v. State, 560 S.W.3d 671 (Tex. App. 2018). “TEX. PENAL CODE ANN. § 38.10 (West 2016).”
Marascio, Eric Reed, 471 S.W.3d 832 (Tex. Crim. App. 2015). “8 6 The State tried Applicant under six separate indictments, consolidated into one trial, for the offenses of Bail Jumping and Failure to Appear under Texas Penal Code § 38.10, contending that he missed the pre-trial setting for each of the three offenses, and he missed the…”
Bell v. State, 63 S.W.3d 529 (Tex. App. 2001). “Tex. Pen.Code Ann. § 38.10 (Vernon 1994).”
— Tex. Penal Code § 38.10(c) — 14 cases
Lajuan Cecile Bailey v. State, 469 S.W.3d 762 (Tex. App. 2015). “See TEX. PENAL CODE ANN. § 38.10. It assessed punishment at 10 years’ confinement and a $10,000 fine.”
Bell v. State, 63 S.W.3d 529 (Tex. App. 2001). “Tex. Pen.Code Ann. § 38.10 (Vernon 1994).”
Bailey v. State, 507 S.W.3d 740 (Tex. Crim. App. 2016). “*743 2) Did the court of appeals err in determining trial counsel’s disclosure was not ineffective assistance of counsel but instead an “implied waiver?” 3) Does implied waiver under the “offensive use” doctrine apply to the general defense of reasonable excuse provided for in…”
Walker v. State, 291 S.W.3d 114 (Tex. App. 2009). “” Tex. Penal Code Ann. § 38.10 (a) (Vernon 2003).”
Kombudo v. State, 148 S.W.3d 547 (Tex. App. 2004).
— Tex. Penal Code § 38.10(f) — 17 cases
State v. Colyandro, 233 S.W.3d 870 (Tex. Crim. App. 2007). “06(c)(1)); bail jumping (TEX. PENAL CODE § 38.10(f)). [20] TEX. PENAL CODE § 20.”
Mullins v. State, 208 S.W.3d 469 (Tex. App. 2006). “1 See Tex. PeNal Code ANN. § 38.10(f) (Vernon 2003) (third-degree felony, if offense for which appearance required is classified as felony).”
Benito Martinez v. State, 563 S.W.3d 503 (Tex. App. 2018).
Bell v. State, 63 S.W.3d 529 (Tex. App. 2001). “Tex. Pen.Code Ann. § 38.10 (Vernon 1994).”
Angel Dawn Reaves v. the State of Texas (Tex. App. 2024).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.