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 Delaware, fleeing and eluding law enforcement is considered a criminal offense. Under Delaware Code Title 11, Section 1253, an individual is guilty of fleeing or attempting to elude a police officer if they intentionally flee from a law enforcement officer after having received a signal to stop, and they know or should know that the officer is attempting to lawfully arrest or detain them. The penalties for this offense can be more severe if the individual uses a motor vehicle or watercraft to flee or if their actions result in injury to another person. The severity of the offense can range from a misdemeanor to a felony, depending on the circumstances, such as the presence of aggravating factors like high-speed chases or causing bodily injury. It is important for individuals to understand that compliance with law enforcement is required by law, and failure to do so can lead to significant legal consequences.