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 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 detention. Additionally, if the act of fleeing and eluding results in injury to another person, the consequences can be further enhanced. The specific statutes and penalties can vary, but generally, this behavior is treated seriously and can result in misdemeanor or felony charges, depending on the circumstances of the evasion and the presence of aggravating factors.