A person commits a criminal offense (crime) if they intentionally flee from a person they know or should know is a peace officer or federal special investigator attempting to lawfully arrest or detain them. A person will be subject to higher penalties if they use a motor vehicle or watercraft while evading arrest or detention, or cause injury to another person. This criminal offense is also known as “fleeing and eluding.”
In Colorado, fleeing and eluding a peace officer is a criminal offense. Under Colorado Revised Statutes 18-9-116.5, if an individual knowingly flees or attempts to elude a peace officer or federal special investigator who is lawfully attempting to arrest or detain them, they are committing a crime. The offense becomes more serious if the individual uses a motor vehicle or watercraft to flee, or if their actions result in bodily injury to another person. The basic offense is classified as a class 2 misdemeanor, but it can escalate to a class 5 felony if aggravating factors are present, such as the use of a vehicle or causing injury. Penalties for fleeing and eluding can include fines, imprisonment, and the revocation of driving privileges.