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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 New Mexico, fleeing from a law enforcement officer who is attempting to lawfully arrest or detain an individual is considered a criminal offense. This is often referred to as 'fleeing and eluding.' If a person knowingly flees from someone they recognize, or reasonably should recognize, as a peace officer or federal special investigator, they are committing a crime. The penalties for this offense can be more severe if the individual uses a motor vehicle or watercraft to evade arrest or if their actions result in injury to another person. The use of a vehicle not only poses a higher risk to public safety but also indicates a greater level of intent to avoid capture, which is taken into account when determining the severity of the offense and the corresponding penalties.

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Police

evading arrest or detention

Individual & Family Legal Plan

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New-Mexico State Code

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Police

evading arrest or detention

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