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 New Jersey, fleeing and eluding law enforcement is a serious criminal offense. Under New Jersey Statutes Annotated (N.J.S.A.) 2C:29-2, a person is guilty of a crime if they knowingly flee or attempt to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or watercraft to a full stop. The offense becomes more severe if the individual creates a risk of injury or death during the act of fleeing or eluding. Initially, fleeing and eluding is considered a crime of the third degree. However, if the flight or attempt to elude creates a risk of death or injury to any person, it is elevated to a crime of the second degree. Penalties for these offenses can include fines, a period of driver's license suspension, and imprisonment. The specific circumstances of the evasion, such as the use of a motor vehicle or watercraft and whether injury was caused to another person, will influence the severity of the charges and penalties.