Texas Penal Code 38.171 – Failure to Report Felony

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/ Texas Penal Code 38.171 – Failure to Report Felony

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Texas Penal Code 38.171 – Failure to Report Felony

WHAT IS FAILURE TO REPORT FELONY IN TEXAS?

Texas law requires a person who witnesses a violent crime to report it immediately to law enforcement. The failure to do so is punishable as the misdemeanor offense of failure to report a felony.

WHAT IS THE FAILURE TO REPORT FELONY LAW IN TEXAS?

Tex. Penal Code § 38.171. FAILURE TO REPORT FELONY.

(a) A person commits an offense if the person:

(1) observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed in which serious bodily injury or death may have resulted; and

(2) fails to immediately report the commission of the offense to a peace officer or law enforcement agency under circumstances in which:

(A) a reasonable person would believe that the commission of the offense had not been reported; and

(B) the person could immediately report the commission of the offense without placing himself or herself in danger of suffering serious bodily injury or death.

(b) An offense under this section is a Class A misdemeanor.

WHAT IS THE PENALTY CLASS FOR FAILURE TO REPORT FELONY IN TEXAS?

Failure to report a felony is a Class A misdemeanor, punishable by up to one year in county jail.

WHAT IS THE PUNISHMENT RANGE FOR FAILURE TO REPORT FELONY IN TEXAS?

The punishment range for failing to report a felony, a Class A misdemeanor, is up to one year in jail, and a maximum fine of $4,000.

WHAT ARE THE PENALTIES FOR FAILURE TO REPORT FELONY IN TEXAS?

A person charged with failing to report a felony may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a term of up to two years.

WHAT ARE THE DEFENSES TO FAILURE TO REPORT FELONY IN TEXAS?

The statute does not authorize specific defenses to failure to report a felony. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.

WHAT IS THE STATUTE OF LIMITATIONS FOR FAILURE TO REPORT FELONY IN TEXAS?

The limitation period for failing to report a felony, a Class A misdemeanor, is two years.

FAILURE TO REPORT FELONY IN TEXAS

If a person witnesses the commission of a violent felony offense, the person must report it to law enforcement immediately, as long as reporting the crime will not place the person in danger.

TEXAS FAILURE TO REPORT FELONY COURT CASES

The case law regarding failure to report a felony in Texas shows courts upholding the constitutionality of the statute.

In Ex parte Palacios, the defendant admitted to police she witnessed a murder, but did not report it out of fear for her life. After witnessing the murder, she stayed unaccompanied at a hotel, and admitted she had the opportunity to report. In the days thereafter, she went home, and encouraged her husband not to report the murder. She was charged with failing to report a felony, but argued the statute was unconstitutional. The appellate court disagreed, holding the law was constitutional on its face.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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