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

Tex. Penal Code § 38.171 (2026)

Failure To Report Felony

✓ laws through the 89th Legislature (2025)
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 38.171. FAILURE TO REPORT FELONY. (a) A person commits an offense if the person:

(1) observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed in which serious bodily injury or death may have resulted; and

(2) fails to immediately report the commission of the offense to a peace officer or law enforcement agency under circumstances in which:

(A) a reasonable person would believe that the commission of the offense had not been reported; and

(B) the person could immediately report the commission of the offense without placing himself or herself in danger of suffering serious bodily injury or death.

(b) An offense under this section is a Class A misdemeanor.

Added by Acts 2003, 78th Leg., ch. 1009, Sec. 2, eff. Sept. 1, 2003.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2006–2025 · leading case: Ed Rachal Found. v. D'UNGER, 207 S.W.3d 330 (Tex. 2006).
Sort: Relevance Newest Treatment
Ed Rachal Found. v. D'UNGER, 207 S.W.3d 330 (Tex. 2006). “See TEX. PEN. CODE § 38.171. 2 . Because of our holding on this issue, we need not reach the remaining issues raised by the Foundation.”
Chishty v. Texas Dept. of Aging & Disability, 562 F. Supp. 2d 790 (E.D. Tex. 2006). “Also on the basis of the Texas Penal Code section 38.171. [2] Do you follow my instruction? THE WITNESS: I follow his instruction.”
Ex parte Marinda Palacios, No. 08-16-00220-CR (Tex. App.—El Paso July 24, 2019). · cites it 4× “1 On appeal, Appellant brings the constitutional challenge that she raised below and one other.”
Chishty v. Texas Dep't of Aging & Disability Servs., 562 F. Supp. 2d 790 (E.D. Tex. 2006). “Also on the basis of the Texas Penal Code section 38.171. 2 Do you follow my instruction? THE WITNESS: I follow his instruction.”
Facunda Nevarez v. State, No. 13-17-00493-CR (Tex. App.—Corpus Christi–Edinburg Dec. 19, 2019). · cites it 2× “TEX. PENAL CODE ANN. § 38.171(a). “Serious bodily injury” means “bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
Charette, Ex Parte Robbie Gail v. State of Texas, 721 S.W.3d 411 (Tex. Crim. App. 2025). “112; TEX. PENAL CODE ANN. § 38.171; and 18 U.S.”
Charette, Ex Parte Robbie Gail v. State of Texas, 721 S.W.3d 411 (Tex. Crim. App. 2025). “112; TEX. PENAL CODE ANN. § 38.171; and 18 U.S.”
Chaqoia Chandrelle Gould v. State, No. 02-12-00202-CR (Tex. App.—Fort Worth Aug. 21, 2014). “Tex. Penal Code Ann. § 38.171 (b) (West 2011).”
in the Est. of Deborah L. Adams, No. 14-12-00064-CV (Tex. App.—Houston [14th Dist.] Jan. 8, 2013). “” Tex. Penal Code § 38.171. But Roberts does not claim to have observed such a felony, nor does she suggest how having done so would have given her standing to challenge Adams’s will.”
Tex. Penal Code § 38.171(a): 1 case
Facunda Nevarez v. State, No. 13-17-00493-CR (Tex. App.—Corpus Christi–Edinburg Dec. 19, 2019). “TEX. PENAL CODE ANN. § 38.171(a). “Serious bodily injury” means “bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
Tex. Penal Code § 38.171(a)(1): 1 case
Facunda Nevarez v. State, No. 13-17-00493-CR (Tex. App.—Corpus Christi–Edinburg Dec. 19, 2019). “TEX. PENAL CODE ANN. § 38.171(a). “Serious bodily injury” means “bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
Tex. Penal Code § 38.171(a)(2)(A): 1 case
Ex parte Marinda Palacios, No. 08-16-00220-CR (Tex. App.—El Paso July 24, 2019). “1 On appeal, Appellant brings the constitutional challenge that she raised below and one other.”
Tex. Penal Code § 38.171(a)(2)(B): 1 case
Ex parte Marinda Palacios, No. 08-16-00220-CR (Tex. App.—El Paso July 24, 2019). “1 On appeal, Appellant brings the constitutional challenge that she raised below and one other.”
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.