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 Dakota, fleeing and eluding law enforcement is considered a criminal offense. Under North Dakota Century Code 29-26-01, an individual who knowingly flees from a law enforcement officer attempting a lawful arrest or detention is committing a crime. The severity of the offense escalates if the individual uses a motor vehicle or watercraft to flee, or if their actions result in injury to another person. The use of a vehicle or watercraft during the act of fleeing can lead to more severe charges, potentially including felony charges, depending on the circumstances and the degree of danger or harm caused. The penalties for fleeing and eluding can include fines, imprisonment, and the suspension of driving privileges. The specific charges and penalties can vary based on the details of the incident, such as the presence of aggravating factors or the degree of risk to public safety.