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evading arrest or detention

A person commits a criminal offense (crime) if they intentionally flee from a person they know or should know is a peace officer or federal special investigator attempting to lawfully arrest or detain them. A person will be subject to higher penalties if they use a motor vehicle or watercraft while evading arrest or detention, or cause injury to another person. This criminal offense is also known as “fleeing and eluding.”

In Texas, the act of intentionally fleeing from a person whom one knows, or should know, is a peace officer or federal special investigator attempting to lawfully arrest or detain them constitutes the criminal offense of evading arrest or detention. Under Texas Penal Code Section 38.04, evading arrest on foot may be charged as a Class A misdemeanor, which can result in up to one year in jail and/or a fine of up to $4,000. However, if a vehicle or watercraft is used to flee, the offense is elevated to a state jail felony, potentially leading to a longer jail sentence and higher fines. Furthermore, if the act of evading arrest or detention results in another person suffering serious bodily injury or death, the offense can be charged as a third-degree or even a second-degree felony, respectively, carrying even more severe penalties. These enhanced charges reflect the increased risk and potential harm caused by fleeing and eluding in such circumstances.


Texas Statutes & Rules

Federal Statutes & Rules

18 U.S.C. § 1071 - Concealing person from arrest
This statute is relevant as it addresses the penalties for concealing a person, including oneself, from arrest, which can be related to fleeing and eluding law enforcement.

Under 18 U.S.C. § 1071, it is a federal offense to harbor or conceal any person for whose arrest a warrant or process has been issued under the laws of the United States, so as to prevent that person's discovery and arrest. This applies after the warrant or process has been issued and before the suspect is delivered to the court. If the offense is not a felony, the penalty is a fine or imprisonment for not more than one year, or both. If the offense is a felony, the penalty is a fine or imprisonment for not more than five years, or both. This statute could be applied to individuals who flee and elude arrest, as they are concealing themselves from law enforcement.

18 U.S.C. § 1501 - Assault on process server
This statute is relevant as it outlines penalties for actions taken against a person serving legal process, which can include situations where someone is fleeing or attempting to evade arrest.

Under 18 U.S.C. § 1501, it is a federal crime to assault, resist, oppose, impede, intimidate, or interfere with any person authorized to serve or execute legal process. This statute is applicable when an individual attempts to evade arrest by a federal officer who is serving legal process. The penalty for this offense can include a fine or imprisonment for not more than one year, or both.

18 U.S.C. § 111 - Assaulting, resisting, or impeding certain officers or employees
This statute is relevant to the topic as it criminalizes actions taken against officers, which can include fleeing or evading arrest.

Under 18 U.S.C. § 111, forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering with any person designated in Section 1114 of this title while engaged in or on account of the performance of official duties is a federal offense. If physical contact occurs or if a deadly or dangerous weapon is used, the penalties are more severe. This statute would apply to individuals who flee and elude arrest, especially if they use a motor vehicle or watercraft to evade arrest, as this could be seen as using a dangerous weapon or vehicle to resist arrest.

18 U.S.C. § 1114 - Protection of officers and employees of the United States
This statute is relevant as it provides legal protection to federal officers, which includes situations where someone may flee or attempt to evade arrest by these officers.

18 U.S.C. § 1114 protects officers and employees of the United States, including peace officers and federal special investigators, from being murdered or assaulted while engaged in their official duties. This statute is relevant to fleeing and eluding scenarios, particularly if the act of fleeing results in injury to a federal officer or employee. The penalties for violating this statute can be severe, including fines and imprisonment, and can escalate to capital punishment if the assault leads to the officer's death.

18 U.S.C. § 31 - Definitions relating to motor vehicle theft
This statute defines terms related to motor vehicle theft, which can be relevant in cases where a motor vehicle is used to flee or evade arrest.

18 U.S.C. § 31 provides definitions for terms such as 'motor vehicle' and 'stolen' which are used in statutes concerning motor vehicle theft. While not directly addressing the act of fleeing and eluding, this statute is relevant when a motor vehicle is used in the commission of fleeing from law enforcement. Understanding these definitions can be important in determining the applicability of other federal statutes that may impose higher penalties for using a motor vehicle to commit the offense of fleeing and eluding.