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Chapter 38

Chapter 38

Obstructing Governmental Operation

38.7  Instruction—Hindering Apprehension by Harboring or Concealing (Felony)

LAW SPECIFIC TO THIS CASE

The state accuses the defendant of having committed the offense of hindering apprehension.

Relevant Statutes

A person commits the offense of hindering apprehension if the person, with the intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense, harbors or conceals an individual that the person knew was under arrest for, charged with, or convicted of a felony.

Definitions

Intent to Hinder the Arrest, Prosecution, Conviction, or Punishment of Another for an Offense

“Intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense” means the conscious objective or desire to hinder the arrest, prosecution, conviction, or punishment of another for an offense.

Knew the Person was under Arrest for, Charged with, or Convicted of a Felony

A person knows that another person is under arrest for, charged with, or convicted of a felony when he is consciously aware that the person is under arrest for, charged with, or convicted of a felony.

Felony

“Felony” means an offense so designated by law or punishable by death or confinement in a penitentiary.

[Insert specific offense, e.g., Murder] is a felony.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, four elements. The elements are that—

  1. the defendant, in [county] County, Texas, on or about [date], harbored or concealed [name] by [insert specific allegations, e.g., stating to peace officers that [name] was not present at the residence occupied by the defendant at a time when [name] was present];
  2. the defendant had the intent to hinder the arrest, prosecution, conviction, or punishment of [name] for the offense of [Insert specific offense, e.g., murder];
  3. [name] was charged with [Insert specific offense, e.g., murder], a felony; and
  4. the defendant knew that [name] was charged with [Insert specific offense, e.g., murder], a felony.

You must all agree on elements 1, 2, 3, and 4 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of the elements listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the four elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]

Comment

The offense of felony hindering apprehension or prosecution is provided for in Tex. Penal Code § 38.05(a), (d). The definitions of culpable mental states are derived from Tex. Penal Code § 6.03. The definition of “felony” is derived from Tex. Penal Code § 1.07(a)(23).