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 Montana, the act of fleeing from a peace officer or federal special investigator during a lawful attempt to arrest or detain is considered a criminal offense, commonly referred to as 'fleeing and eluding.' The law requires that the person knows, or reasonably should know, that the individual they are fleeing from is a law enforcement officer. If the individual uses a motor vehicle or watercraft to evade arrest or detention, the penalties for this offense are typically more severe. Additionally, if the act of fleeing and eluding results in injury to another person, the offender may face even higher penalties. The specific statutes and penalties can vary, but this conduct is generally treated as a serious offense under Montana law.