Current through 2024 Legislative Session
Section 39-10-71 - Fleeing or attempting to elude a peace officer - Penalty1. A driver of a motor vehicle who willfully fails or refuses to bring the vehicle to a stop, or who otherwise flees or attempts to elude, in any manner, a pursuing police vehicle or peace officer, when given a visual or audible signal to bring the vehicle to a stop, is guilty of a: a. Class A misdemeanor for a first offense and a class C felony for a subsequent offense within three years;b. Class C felony if the driver violates this section while willfully fleeing during or after the commission of a felony; orc. Class C felony if, at any time during the flight or pursuit, the driver willfully operates the vehicle in a manner constituting an inherent risk of death or serious bodily injury to a third person.2. A signal complies with this section if the signal is perceptible to the driver and:a. If given from a vehicle, the signal is given by hand, voice, emergency light, or siren, and the stopping vehicle is appropriately marked showing it to be an official police vehicle; orb. If not given from a vehicle, the signal is given by hand, voice, emergency light, or siren, and the officer is in uniform or prominently displays the officer's badge of office.Amended by S.L. 2019, ch. 328 (HB 1296),§ 1, eff. 8/1/2019.Amended by S.L. 2011, ch. 281 (HB 1262),§ 2, eff. 8/1/2011.