Evading Detention or
Arrest
Section 38.04. EVADING ARREST OR DETENTION.
(a) A person commits an offense if he intentionally
flees from a person he knows
is a peace officer attempting lawfully to arrest or
detain him.
(b) An offense under this section is a Class B
misdemeanor, except that the offense is:
(1) a state jail felony if the actor uses a
vehicle while the actor is in flight and the actor has
not been previously
convicted under this section;
(2) a felony of the third degree if:
(A) the actor uses a vehicle while the actor is in
flight and the actor has been previously convicted under
this
section; or
(B) another suffers serious bodily injury as a
direct result of an attempt by the officer from whom the
actor is
fleeing to apprehend the actor while the actor is in
flight; or
(3) a felony of the second degree if another
suffers death as a direct result of an attempt by the
officer from whom the actor is fleeing to apprehend the
actor while the actor is in flight.
(c) In this section, "vehicle" has the meaning
assigned by Section 541.201, Transportation Code.
(d) A person who is subject to prosecution under
both this section and another law may be prosecuted
under either or both this section and the other law.
A person commits the offense of evading [arrest
or detention] if he intentionally flees from
a person he knows is a peace officer attempting lawfully
to [arrest or
detain] him, and the person uses a vehicle while
in flight, and the person has previously been convicted
of evading [arrest or detention];
or
A person commits the offense of evading [arrest
or detention] if he intentionally flees from
a person he knows is a peace officer attempting lawfully
to [arrest or
detain] him, and another suffers serious bodily
injury as a direct result of an attempt by the officer
from whom the person is fleeing to apprehend the person
while the person is in flight.
"Peace officer" means a person elected, employed, or
appointed as a peace officer under Article 2.12, Code of
Criminal Procedure, Section 51.212 or 51.214, Education
Code, or other law." Vehicle" means a device that can be
used to transport or draw persons or property on a
highway. The term does not include: a device exclusively
used on stationary rails or tracks; or manufactured
housing as that term is defined by the Texas
Manufactured Housing Standards Act (Article 5221f,
Vernon's Texas Civil Statutes).
