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 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. If the individual uses a motor vehicle or watercraft to flee from the officer, the penalties can be more severe. Additionally, if the act of fleeing and eluding results in injury to any person, the offender may face even higher penalties. The severity of the charges can range from a misdemeanor to a felony, depending on the circumstances of the evasion, such as the presence of aggravating factors like high-speed chases or causing serious bodily injury.