N.D. Cent. Code § 39-10-71

Current through 2023 Legislative Sessions
Section 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.

N.D.C.C. § 39-10-71

Amended by S.L. 2019, ch. 328 (HB 1296),§ 1, eff. 8/1/2019.
Amended by S.L. 2011, ch. 281 (HB 1262),§ 2, eff. 8/1/2011.