The Texas Hindering Prosecution of Terrorism law gives police the right to arrest you if they believe you assisted someone in one of four particular ways with the specific intent of hindering their arrest or prosecution for the offenses of Terrorism or Aiding in Commission of Terrorism.
FAQs about the
Hindering Prosecution of Terrorism law in Texas
- What is the current Texas law about Hindering Prosecution of Terrorism?
- How can I be charged with a Hindering Prosecution of Terrorism offense in Texas?
- What is the statute of limitation for Hindering Prosecution of Terrorism in Texas?
- What is the penalty for a Texas Hindering Prosecution of Terrorism offense?
- Can you get probation for Hindering Prosecution of Terrorism in Texas?
- What level of crime is Hindering Prosecution of Terrorism in Texas?
The Texas Legislature passed a bill that enacted this offense among several different terror-related offenses in 2023. The legislature intended these new state-level terrorism crimes to target “terrorists” who knowingly used terror tactics and people who provided material support to the “terrorists” to “terrorist organizations.”
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The Texas legislature codified the new Terrorism criminal offense in Texas Penal Code Section 76.04, and it went into effect, along with all of the new terrorism laws, September 1, 2023.
Convictions for any of the new offenses result in a penalty classification-level increase from the underlying offense and mandatory minimum sentences in certain circumstances. In addition to the new criminal laws, the legislature also created a “Terrorist Offender Registry,” similar to the sex offender registry.
The Penal Code classifies the Texas Hindering Prosecution of Terrorism law under Title 12 “Terrorism,” Chapter 76 “Terroristic Offenses.” Learn more about the Texas offense of Hindering Prosecution of Terrorism below.
What is the current Texas law about Hindering Prosecution of Terrorism?
Texas law currently defines the offense of Hindering Prosecution of Terrorism in Penal Code Section §76.04 as follows:[1]
(a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense under Section 76.02 or 76.03, the person:
(1) harbors or conceals the other;
(2) provides or aids in providing the other with any means of avoiding arrest or effecting escape;
(3) warns the other of impending discovery or apprehension; or
(4) tampers with any physical evidence that might aid in the discovery or apprehension of the other.
The 88th Texas Legislature created this law in 2023,[2] effective September 1, 2023.[3]
How can I be charged with a Hindering Prosecution of Terrorism offense in Texas?
The state can charge you with Hindering Prosecution of Terrorism in Texas if the state’s attorneys believe that each of the elements of §76.04 as described in the section above have been met.
What is the statute of limitation for Hindering Prosecution of Terrorism in Texas?
Misdemeanor level Hindering Prosecution of Terrorism charges have a two-year limitations period.[4] Felony-level offenses likely have at least a three-year limitations period,[5] but the underlying offense may alter the analysis. Because this is a new law, it’s unclear how the limitations period calculations will be interpreted.
What is the penalty for a Texas Hindering Prosecution of Terrorism offense?
The statute classifies the Hindering Prosecution of Terrorism offense as the same degree as the offense under Section 76.02 or 76.03 through which the person committed the Terrorism or Hindering Prosecution of Terrorism charge.[6]
Can you get probation for Hindering Prosecution of Terrorism in Texas?
The Texas Code of Criminal Procedure does not specifically disallow judges from accepting deferred adjudication plea deals for these offenses.[7] And neither judges nor juries are specifically disallowed from granting and recommending community supervision (probation).[8]
However, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.[9] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.[10]
What level of crime is Hindering Prosecution of Terrorism in Texas?
The Penal Code classifies Hindering Prosecution of Terrorism as the same degree as the offense that the terrorist committed.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §76.04. This law is current as of 2024.^2. SB 1518, 88th Texas Legislature (RS), Section 5^3. SB 1518, 88th Texas Legislature (RS), Section 6^4. Code of Criminal Procedure 12.02(a)^5. See Code of Criminal Procedure 12.01(9)^6. Texas Penal Code §76.04(b)^7. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.102^8. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054 & Art. 42A.056^9. Art. 42A.053(c), Texas Code of Criminal Procedure and Art. 42A.056(1), Texas Code of Criminal Procedure^10. Art. 42A.054(b), Texas Code of Criminal Procedure
