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 Pennsylvania, fleeing or attempting to elude a police officer is a criminal offense under 75 Pa.C.S. § 3733. An individual commits this offense if they willfully fail to stop for a police officer or otherwise attempt to escape or elude the officer when given a signal to stop, and they know or should know the person pursuing them is a peace officer or federal special investigator. The law applies to both vehicle and foot pursuits. If the individual uses a motor vehicle or watercraft to flee, the penalties can be more severe, potentially resulting in a felony charge. Additionally, if the act of fleeing and eluding results in injury to any person or property, the individual may face even higher penalties. The severity of the charge and the associated penalties can vary based on the circumstances of the evasion, such as the presence of a chase, the speed involved, and the potential for harm to the public.