Tex. Penal Code Section 38.05
Hindering Apprehension or Prosecution

(a)

A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he:

(1)

harbors or conceals the other;

(2)

provides or aids in providing the other with any means of avoiding arrest or effecting escape; or

(3)

warns the other of impending discovery or apprehension.

(b)

It is a defense to prosecution under Subsection (a)(3) that the warning was given in connection with an effort to bring another into compliance with the law.

(c)

Except as provided by Subsection (d), an offense under this section is a Class A misdemeanor.

(d)

An offense under this section is a felony of the third degree if the person who is harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, including an offense under Section 62.102 (Failure to Comply with Registration Requirements), Code of Criminal Procedure, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony, including an offense under Section 62.102 (Failure to Comply with Registration Requirements), Code of Criminal Procedure, and the person charged under this section knew that the person they harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 748, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 11, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 607 (H.B. 2104), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.19, eff. September 1, 2007.

Source: Section 38.05 — Hindering Apprehension or Prosecution, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­38.­htm#38.­05 (accessed Apr. 20, 2024).

38.01
Definitions 38.02
Failure to Identify 38.03
Resisting Arrest, Search, or Transportation 38.04
Evading Arrest or Detention 38.05
Hindering Apprehension or Prosecution 38.06
Escape 38.07
Permitting or Facilitating Escape 38.08
Effect of Unlawful Custody 38.09
Implements for Escape 38.10
Bail Jumping and Failure to Appear 38.11
Prohibited Substances and Items in Correctional or Civil Commitment Facility 38.12
Barratry and Solicitation of Professional Employment 38.13
Hindering Proceedings by Disorderly Conduct 38.14
Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer 38.15
Interference with Public Duties 38.16
Preventing Execution of Civil Process 38.17
Failure to Stop or Report Aggravated Sexual Assault of Child 38.18
Use of Collision Report Information and Other Information for Pecuniary Gain 38.19
Failure to Provide Notice and Report of Death of Resident of Institution 38.111
Improper Contact with Victim 38.112
Tampering with Electronic Monitoring Device 38.113
Unauthorized Absence from Community Corrections Facility, County Correctional Center, or Assignment Site 38.114
Contraband in Correctional Facility 38.115
Operation of Unmanned Aircraft over Correctional Facility or Detention Facility 38.122
Falsely Holding Oneself out as a Lawyer 38.123
Unauthorized Practice of Law 38.151
Interference with Police Service Animals 38.152
Interference with Radio Frequency Licensed to Government Entity 38.171
Failure to Report Felony 38.172
Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

§ 38.05’s source at texas​.gov