In Texas, intentionally helping someone evade law enforcement is a criminal offense known as hindering apprehension. This charge is not about being merely present when a crime occurs, but about taking active steps to prevent the police from finding and arresting a person who is wanted for an offense.
Defining Hindering Apprehension in Texas
Under Texas law, a person commits hindering apprehension or prosecution if they act with the intent to hinder the arrest, prosecution, conviction, or punishment of another for a crime. This means the action must be deliberate and aimed at obstructing law enforcement’s efforts. It is not enough to accidentally or unknowingly help someone, as a prosecutor must prove the explicit intention to interfere.
This statute also requires that the person providing assistance must have knowledge of the other person’s legal situation. This includes knowing the person is wanted by police, has a warrant out for their arrest, or has been formally charged with or convicted of an offense.
Prohibited Acts Under the Statute
One of the most common prohibited acts is to “harbor or conceal” the wanted person. This can involve providing a place for the person to stay, such as a spare room, a hotel, or even a shed, with the intent of hiding them from the police.
Another prohibited act is providing the person with a “means of avoiding arrest or effecting escape.” For example, giving a wanted person a car to flee the area, providing them with money for travel expenses, or giving them a disguise to alter their appearance would all fall under this provision.
Finally, the law forbids “warning the person of impending discovery or apprehension.” A common example is seeing police officers approaching a location where a wanted person is hiding and calling or texting to alert them of the police presence. However, the statute provides a specific defense if the warning was given as part of an effort to convince the person to surrender.
Penalties and Classifications
The legal consequences for hindering apprehension in Texas are tied to the severity of the crime committed by the person being assisted. In most cases, the offense is a Class A misdemeanor, resulting in a fine of up to $4,000, up to one year in county jail, or both.
The offense is elevated to a third-degree felony if the person being assisted is under arrest for, charged with, or convicted of a felony.1FindLaw. Texas Penal Code – PENAL § 38.05. Hindering Apprehension or Prosecution This enhancement also applies if the person being helped has failed to comply with sex offender registration requirements. A third-degree felony conviction carries a prison sentence of two to ten years and a fine of up to $10,000.2FindLaw. Texas Penal Code – PENAL § 12.34. Third Degree Felony Punishment