Evading Arrest or Detention

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).

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