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, either on foot or by any other means, after the officer has given a signal to stop, they are committing a crime. The severity of the offense can escalate based on certain factors. If the individual uses a motor vehicle or watercraft to flee, the penalties can be more severe. Additionally, if the act of fleeing and eluding results in injury to any person, the individual may face even higher penalties. The law is designed to protect the safety of the public and law enforcement officers by deterring dangerous pursuits and ensuring that individuals comply with lawful orders to stop and submit to arrest or detention.