(a) Offense defined.--A person commits an offense if the person knowingly and intentionally flees on foot from a public servant attempting to lawfully arrest or detain that person.
(b) Grading.--An offense under this section is:
(1) A felony of the third degree if a person flees or attempts to evade arrest or detention for an underlying offense that constitutes a felony or misdemeanor and another person suffers serious bodily injury as a direct result of a violation of this section.
(2) A felony of the second degree if a person flees or attempts to evade arrest or detention for an underlying offense that constitutes a felony or misdemeanor and another person suffers death as a direct result of a violation of this section.
(3) Except as provided under paragraph (1) or (2), a misdemeanor of the second degree if a person flees or attempts to evade arrest or detention for an underlying offense that constitutes a felony or misdemeanor.
(4) Except as provided under paragraph (1), (2) or (3), a summary offense.
(July 18, 2022, P.L.1620, No.95, eff. 60 days)
2022 Amendment. Act 95 added section 5104.2.
Cross References. Section 5104.2 is referred to in section 5104.3 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 51 - Obstructing Governmental Operations
Section 5101 - Obstructing administration of law or other governmental function
Section 5102 - Obstructing or impeding the administration of justice by picketing, etc
Section 5103 - Unlawfully listening into deliberations of jury
Section 5103.1 - Unlawful use of an audio or video device in court
Section 5104 - Resisting arrest or other law enforcement
Section 5104.1 - Disarming law enforcement officer
Section 5104.2 - Evading arrest or detention on foot
Section 5104.3 - Harming a police animal while evading arrest or detention
Section 5105 - Hindering apprehension or prosecution
Section 5106 - Failure to report injuries by firearm or criminal act
Section 5107 - Aiding consummation of crime
Section 5110 - Contempt of General Assembly
Section 5111 - Dealing in proceeds of unlawful activities
Section 5112 - Obstructing emergency services
Section 5122 - Weapons or implements for escape
Section 5124 - Default in required appearance
Section 5125 - Absconding witness
Section 5126 - Flight to avoid apprehension, trial or punishment