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 North Carolina, fleeing or attempting to elude law enforcement is a criminal offense under General Statute 20-141.5. If a person willfully flees or attempts to elude a law enforcement officer who is in the process of lawfully discharging their duties, and the person knows or reasonably should know that they are being pursued by the officer, they are committing a crime. The offense becomes more serious if the person uses a motor vehicle or watercraft to flee. This is typically charged as a felony, especially if the flight creates a risk of causing injury or death to persons, or causes property damage. Additionally, if the individual fleeing causes an accident that results in injury or death, they may face even higher penalties. The specific charges and penalties can vary based on the circumstances of the evasion, the presence of aggravating factors, and the individual's prior criminal record.