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 Indiana, fleeing from a law enforcement officer who is attempting to make a lawful arrest or detention is a criminal offense known as 'resisting law enforcement.' Under Indiana Code 35-44.1-3-1, a person who knowingly or intentionally flees from law enforcement is committing a misdemeanor. However, if the individual uses a vehicle or watercraft to commit the offense, it can be elevated to a Level 6 felony. The penalties are further increased if the act of fleeing causes bodily injury to another person, potentially resulting in a Level 5 felony. If the fleeing results in the death of another person, the offense can be charged as a Level 3 felony. These statutes reflect the state's commitment to ensuring that individuals do not evade law enforcement efforts, with a particular emphasis on preventing dangerous high-speed pursuits that can lead to injury or death.