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 and eluding law enforcement is a criminal offense under Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, Section 3733. An individual commits this offense if they willfully attempt to flee or elude a police officer or federal special investigator who is lawfully attempting to arrest or detain them. This is applicable when the individual knows or should reasonably know that they are being pursued by law enforcement. The penalties for this offense are more severe if the individual uses a motor vehicle or watercraft to flee. Additionally, if the act of fleeing and eluding results in injury to another person, the individual may face even higher penalties. The offense is graded as a misdemeanor of the second degree but can escalate to a felony of the third degree under certain circumstances, such as causing bodily injury or engaging in a high-speed chase.