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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 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 to make a lawful arrest or detention commits a crime. The severity of the offense and the penalties increase 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 serious charges, potentially including reckless endangerment or aggravated assault, especially if a pursuit ensues and it endangers the lives or safety of the public or the officers involved. Penalties for fleeing and eluding can range from fines to imprisonment, depending on the circumstances and the presence of aggravating factors.
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