§710-1026.9 Resisting an order to stop a motor vehicle in the first degree. (1) A person commits the offense of resisting an order to stop a motor vehicle in the first degree if the person:
(a) Intentionally fails to obey a direction of a law enforcement officer, acting under color of the law enforcement officer's official authority, to stop the person's motor vehicle; and
(b) While intentionally fleeing from or attempting to elude a law enforcement officer:
(i) Operates the person's motor vehicle in reckless disregard of the safety of other persons; or
(ii) Operates the person's motor vehicle in reckless disregard of the risk that the speed of the person's vehicle exceeds:
(A) The applicable state or county speed limit by thirty miles per hour or more; or
(B) Eighty miles per hour or more, irrespective of the applicable state or county speed limit.
For purposes of this section, "the applicable state or county speed limit" shall have the same meaning as in section 291C-105.
(2) Resisting an order to stop a motor vehicle in the first degree is a class C felony. [L 2016, c 231, §47]
COMMENTARY ON §710-1026.9
Act 231, Session Laws 2016, added this section to implement recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015).
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