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 arrest or detention is considered a criminal offense. This is commonly referred to as 'fleeing and eluding.' When an individual knowingly attempts to evade law enforcement, they are committing a crime. The penalties for this offense can be more severe if the individual uses a motor vehicle or watercraft to flee, or if their actions result in injury to another person. The increased penalties reflect the higher risk and potential harm caused by such actions. Montana state statutes outline the specific consequences and classifications for this offense, which may vary depending on the circumstances of the evasion and the presence of aggravating factors such as the use of a vehicle or the occurrence of injury.