4.407 — HARBORING

Violations of "Statute 4.407" results in a Class F Felony

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(a) Definitions

Harboring refers to the act of knowingly providing shelter, assistance, or refuge to a person who is avoiding law enforcement or is wanted for a criminal offense. This can include:

• Concealing the whereabouts of a fugitive or wanted individual.

• Providing false identification, documents, or other means to help a fugitive evade detection or arrest.

• Offering transportation, food, money, or other support to a person with knowledge that they are evading law enforcement.

(b) Elements

To establish the offense of harboring, the prosecution must prove beyond a reasonable doubt that:

1. The defendant knowingly and intentionally provided shelter, assistance, or refuge to a person who was attempting to evade law enforcement.

2. The defendant was aware that the person being harbored was either a fugitive or had committed a criminal offense.

3. The defendant’s actions aided the person in evading law enforcement or avoiding arrest.

(c) Defenses

A person shall not be found guilty of harboring if:

• The defendant was unaware that the person was a fugitive or wanted for a criminal offense.

• The defendant was coerced or threatened by the person they are accused of harboring into providing shelter or assistance.

• The defendant did not intentionally assist the person in evading law enforcement and did not have the requisite knowledge of the fugitive status.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining sentencing:

• The individual being harbored was wanted for a violent crime, such as murder, assault, or robbery.

• The defendant has a prior criminal history related to harboring, aiding and abetting, or similar offenses.

• The defendant used deception, falsified documents, or engaged in significant efforts to actively hide the fugitive.

• The harboring involved multiple individuals or organized efforts to evade law enforcement.