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Criminal charges

evading arrest or detention

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 Idaho, fleeing and eluding a peace officer is a criminal offense under Idaho Code § 49-1404. An individual is considered to have committed this crime if they willfully flee or attempt to elude a police officer after receiving a visual or audible signal to stop, such as flashing lights or a siren, from an officer who is in uniform and driving a marked police vehicle. The law applies when the individual knows or should reasonably know that they are being pursued by a peace officer. If the pursuit involves the use of a motor vehicle or watercraft, the offense is typically more serious and may result in enhanced penalties. Additionally, if the act of fleeing and eluding results in injury to another person, the individual may face even higher penalties, potentially including felony charges. The severity of the charges and penalties can vary based on the circumstances of the case, including the manner of flight and the consequences of the individual's actions.

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Criminal charges

evading arrest or detention

Individual & Family Legal Plan

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Idaho State Code

Idaho State Code

Criminal charges

evading arrest or detention

Articles