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evading arrest or detention

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 Delaware, the act of fleeing and eluding is addressed under Title 11, Section 1253 of the Delaware Code. A person is considered to have committed the offense of fleeing and eluding if they intentionally run away from someone they know, or should reasonably know, is a peace officer or federal special investigator who is trying to lawfully arrest or detain them. The penalties for this offense are indeed more severe if the individual uses a motor vehicle or watercraft to flee, or if their actions result in injury to another person. The law categorizes fleeing and eluding as a serious crime, and depending on the circumstances, it can be charged as a misdemeanor or a felony. The specific charges and penalties can vary based on factors such as the presence of aggravating circumstances, the degree of risk or harm caused, and whether the individual has prior convictions for similar offenses.

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Police

evading arrest or detention

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Delaware State Code

Delaware State Code

Police

evading arrest or detention

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