§ 39-10-71 — Fleeing or attempting to elude a peace officer - Penalty

1. A driver of a motor vehicle who willfully fails or refuses to bring the vehicle to a stop, or
who otherwise flees or attempts to elude, in any manner, a pursuing police vehicle or
peace officer, when given a visual or audible signal to bring the vehicle to a stop, is
guilty of a:
a. Class A misdemeanor for a first offense and a class C felony for a subsequent
offense within three years;
b. Class C felony if the driver violates this section while willfully fleeing during or
after the commission of a felony; or

c. Class C felony if, at any time during the flight or pursuit, the driver willfully
operates the vehicle in a manner constituting an inherent risk of death or serious
bodily injury to a third person.
2. A signal complies with this section if the signal is perceptible to the driver and:
a. If given from a vehicle, the signal is given by hand, voice, emergency light, or
siren, and the stopping vehicle is appropriately marked showing it to be an official
police vehicle; or
b. If not given from a vehicle, the signal is given by hand, voice, emergency light, or
siren, and the officer is in uniform or prominently displays the officer's badge of
office.