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.
