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 someone the individual knows, or should reasonably know, is a peace officer or federal special investigator attempting to lawfully arrest or detain them is considered a criminal offense, often referred to as 'fleeing and eluding.' The basic offense is typically charged as a Class A misdemeanor. However, if the individual uses a vehicle or watercraft to flee, the offense is elevated to a state jail felony. Furthermore, if the act of fleeing causes another person to suffer serious bodily injury or death, the offense can be charged as a felony of the third or even second degree, respectively, resulting in more severe penalties. These regulations are designed to deter individuals from evading law enforcement and to ensure public safety.
