The Texas Hindering Prosecution of Terrorism law gives police the right to arrest you if they believe you intentionally hindered the arrest of anyone who committed the offenses of Terrorism or Aiding in Commission of Terrorism by assisting the person avoid capture or prosecution.
FAQs about the
Hindering Prosecution of Terrorism law in Texas
The Texas Legislature passed a bill that created several different terror-related offenses in 2023. The legislature intended the new state terrorism crimes to target “terrorists” who knowingly used terror tactics oand people who provided material support to the “terrorists” to “terrorist organizations.”
Have you been charged with Hindering Prosecution of Terrorism? Book a consultation to discuss legal representation with criminal defense attorneys Paul Saputo and Nicholas Toufexis today.
Commission of any of the new offenses carries a mandatory penalty level enhancement and a mandatory minimum sentence of 15 years for felonies and 180 days for misdemeanors. In addition to the new criminal laws, the legislature also created a “Terrorist Offender Registry,” similar to the sex offender registry. These new terrorism laws went into effect on September 1, 2023.
The Texas Penal Code classifies the 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?
The current Texas law 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 Hindering Prosecution Of Terrorism?
The state can charge you with Hindering Prosecution Of Terrorism 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 punishment for Hindering Prosecution Of Terrorism?
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.[4]
Legal References:
^1. Texas Penal Code §76.04. This law is current as of the 88th Legislature Regular Session.^2. SB 1518, 88th Texas Legislature (RS), Section 5^3. SB 1518, 88th Texas Legislature (RS), Section 6^4. Texas Penal Code §76.04(b)
