The Texas Failure to Report Felony law gives police the right to arrest you if they believe you witnessed a felony under circumstances in which you should have known that a crime had been committed that may have resulted in serious bodily injury or death but you did not immediately report it.
FAQs about the
Failure to Report Felony law in Texas
- What is the current Texas law about Failure to Report Felony?
- How can I be charged with a Failure to Report Felony offense in Texas?
- What is the statute of limitation for Failure to Report Felony in Texas?
- What is the penalty for a Texas Failure to Report Felony offense?
- Can you get probation for Failure to Report Felony in Texas?
- Do I have to register as a sex offender in Texas if guilty of Failure to Report Felony?
- What level of crime is Failure to Report Felony in Texas?
In order to obtain a conviction for this offense, the state’s attorneys must also prove that you should have known that the offense had not already been reported and that you could have reported it immediately without placing yourself in danger of suffering serious bodily injury or death.
Have you been charged with Failure to Report Felony? Book a consultation to discuss legal representation with attorneys Paul Saputo and Nicholas Toufexis today.
The Texas legislature codified this criminal offense in Texas Penal Code Section 38.171. The legislature did not update this law in 2023. In fact, this law has not been amended since 2003.
The Penal Code codifies the Texas Failure to Report Felony law under Title 8 “Offenses Against Public Administration,” Chapter 38 “Obstructing Governmental Operation.” Learn more about the Texas offense of Failure to Report Felony below.
What is the current Texas law about Failure to Report Felony?
The current Texas law defines the offense of Failure to Report Felony in Penal Code Section §38.171 as follows:[1]
(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.
An important requirement of this law is that the unreported felony was serious enough that someone could possibly be seriously injured or killed. In addition, you must have personally observed what happened. Hearing about something is not enough to warrant your obligation to report the offense.
How can I be charged with a Failure to Report Felony offense in Texas?
You can be charged with Failure to Report Felony in Texas if the state’s attorneys believe that each of the elements of 38.171(a) as described in the section above have been met.
What is the statute of limitation for Failure to Report Felony in Texas?
As a misdemeanor, Failure to Report Felony charges have a two-year limitations period.[2]
What is the penalty for a Texas Failure to Report Felony offense?
A conviction for Failure to Report Felony in Texas is punished as a Class A misdemeanor,[3] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year. Learn about the differences between grades of felonies and misdemeanors here.
Can you get probation for Failure to Report Felony in Texas?
The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Failure to Report Felony, and judges are also allowed to accept deferred adjudication plea deals.[4]
Do I have to register as a sex offender in Texas if guilty of Failure to Report Felony?
The Failure to Report Felony offense does not appear on the list of offenses requiring registration under Chapter 62 of the Texas Code of Criminal Procedure.[5]
However, the legislature can add this offense to the list at any time. If that happens, people convicted of Failure to Report Felony would have to register, even if the offense did not appear on the list at the time they accepted a deferred adjudication plea (even if later dismissed), pled guilty or were founty guilty.
What level of crime is Failure to Report Felony in Texas?
The Penal Code classifies Failure to Report Felony as a Class A misdemeanor.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §38.171. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.02(a)^3. Texas Penal Code §38.171(b)^4. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^5. Code of Criminal Procedure, Article 62.001
