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 Nebraska, fleeing and eluding a peace officer is considered a criminal offense. Under Nebraska Revised Statute 28-905, any person who intentionally avoids arrest or detention by a peace officer or federal special investigator, whom they know or should reasonably know is attempting to lawfully arrest or detain them, is committing a crime. 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 use of a vehicle not only increases the potential danger of the situation but also escalates the charges one might face. This offense is taken seriously due to the risks it poses to public safety and law enforcement officers.