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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 West Virginia, fleeing and eluding law enforcement is considered a criminal offense. Under WV Code §17C-5-2 (2020), if an individual knowingly and willfully flees or attempts to elude a police officer or federal special investigator by any means, including a motor vehicle or watercraft, while the officer is attempting to lawfully arrest or detain them, they are committing a crime. The severity of the offense and the penalties increase if the individual uses a vehicle or watercraft to flee, or if their actions result in injury to another person. Penalties can range from fines to imprisonment, depending on the circumstances of the evasion and the presence of any aggravating factors, such as the occurrence of an injury or the use of a vehicle in the commission of the offense.

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Police

evading arrest or detention

Individual & Family Legal Plan

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West-Virginia State Code

West-Virginia State Code

Police

evading arrest or detention

Articles