Montana § 61-8-316 - Fleeing From Or Eluding Peace Officer

§ 61-8-316. Fleeing From Or Eluding Peace Officer

Fleeing from or eluding peace officer. (1) A person operating a motor vehicle commits the offense of fleeing from or eluding a peace officer if a uniformed peace officer operating a police vehicle in the lawful performance of the peace officer's duty gives the person a visual or audible signal by hand, voice, emergency light, or siren directing the person to stop the motor vehicle and the person knowingly fails to obey the signal by refusing to bring the motor vehicle to a stop, increasing the speed of the motor vehicle, continuing at a speed that is 10 or more miles an hour above the applicable speed limit, extinguishing the motor vehicle's lights, or otherwise fleeing from, eluding, or attempting to flee from or elude the peace officer. (2) A person commits the offense of aggravated fleeing from or eluding a peace officer if: (a) the person has previously been convicted of fleeing from or eluding a peace officer under this section; or (b) in the course of fleeing from or eluding a peace officer, the person: (i) exhibits reckless driving behavior as provided in 61-8-301 , including intentionally steering the motor vehicle toward any other person; (ii) causes property damage to the property of any other person in an amount exceeding $5,000; or (iii) leaves the state. (3) A person who is convicted of or pleads guilty or no contest to a violation of this section is subject to the penalties provided in 61-8-707 .