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 South Dakota, fleeing and eluding a law enforcement officer is considered a criminal offense. This occurs when an individual intentionally runs away from someone they are aware, or should be aware, is a peace officer or federal special investigator who is trying to lawfully arrest or detain them. The penalties for this offense are 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 endangers the public but also escalates the seriousness of the offense, often leading to felony charges. The specific statutes and penalties can vary, but they generally include fines, imprisonment, and the potential for a suspended driver's license. It is important for individuals to understand that compliance with law enforcement is a legal requirement, and failure to do so can lead to significant legal consequences.