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10 61-8-301 9 61-8-302 10 61-8-303 61-8-308 5 61-8-309 2 61-8-310 1 61-8-311 1 61-8-312 61-8-313 4 61-8-314 5 61-8-316 1 61-8-317 61-8-320 9 61-8-321 61-8-322 61-8-323 1 61-8-324 61-8-325 1 61-8-326 1 61-8-327 7 61-8-328 1 61-8-329 3 61-8-330 61-8-331 61-8-332 1 61-8-333 61-8-334 61-8-335 4 61-8-336 61-8-337 61-8-338 2 61-8-339 1 61-8-340 3 61-8-341 1 61-8-342 2 61-8-343 1 61-8-344 61-8-345 2 61-8-346 61-8-347 61-8-348 61-8-349 61-8-350 61-8-351 61-8-352 61-8-353 61-8-354 1 61-8-355 61-8-356 61-8-357 61-8-358 61-8-359 61-8-360 61-8-361 61-8-362 61-8-363 61-8-364 61-8-365 61-8-366 61-8-367 61-8-368 61-8-369 61-8-370 1 61-8-371 61-8-372 61-8-375 61-8-376 61-8-377 61-8-378 61-8-379 61-8-380 61-8-381 61-8-382 61-8-383 61-8-384 61-8-391

Mont. Code Ann. § 61-8-316

(2015)

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 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) Except as provided in subsection (2)(b), a person convicted of or pleading guilty or nolo contendere to an offense under subsection (1) shall be imprisoned for a term not to exceed 1 year or fined an amount not to exceed $2,000, or both.

(b) A person convicted of an offense of fleeing from or eluding a peace officer during which the person causes serious bodily injury to or the death of any other person shall be imprisoned for a term not to exceed 10 years or fined an amount not to exceed $10,000, or both.

Opinions construing this section

5 opinions
2024 MT 129 Jun 18, 2024 Reversed
State v. N. Lanchantin
Dissenting by Mike McGrath · 4 to 3 with 2 concurring
o Trespassing” signs. At this point, Short had probable cause to stop Lanchantin for speeding and for fleeing from or eluding a peace officer in violation of § 61-8-316, MCA. As in Smith, Short should be allowed to follow Lanchantin up the roadway to complete the initial stop and to determine—at a minimum—that Lanchantin actual
2021 MT 104 May 4, 2021 Affirmed
State v. G. Denny
Majority by Laurie McKinnon · 5 to 0
e Officer or Other Public Servant, a misdemeanor, in violation of § 45-7-302, MCA; Count IV: Fleeing or Eluding a Peace Officer, a misdemeanor in violation of § 61-8-316, MCA; Count V: Speeding, a misdemeanor, in violation of § 61-8-310(1), MCA; and Count VI: Driving Without a Valid Driver’s License, a misdemeanor, in violation o
2019 MT 60 Mar 19, 2019 Affirmed
State v. C. Jensen
Majority by Beth Baker · 5 to 0
f § 45-5-207, MCA; misdemeanor possession of an open container, in violation of § 61-8-460, MCA; misdemeanor fleeing/eluding a peace officer, in violation of § 61-8-316, MCA; and misdemeanor reckless driving, in violation of § 61-8-301, MCA. The reckless driving 4 charge later was removed in an amended information. Prior to tr
2014 MT 313N Nov 25, 2014 Affirmed
State v. Joel Boniek
Majority by James Jeremiah Shea · 5 to 0
en a misdemeanor carries a possible penalty of more than $500, and/or more than six months in jail, such as fleeing from or eluding a peace officer pursuant to § 61-8-316, MCA. Section 3-10-303(1)(c), MCA. The laws granting our justice courts jurisdiction in criminal matters are based on Article VII, Section 5 of the Montana Constitu
2012 MT 185 Aug 28, 2012 Reversed
City of Whitefish v. Ralph Jentile
Majority by James C. Nelson · 6 to 1
demeanors: Resisting Arrest in violation of § 45-7-301, MCA; Reckless Driving in violation of § 61-8-301(1), MCA; and Eluding a Peace Officer in violation of § 61-8-316, MCA. In addition, the City of Whitefish (the City) requested restitution for the damage to the two patrol cars. ¶12 Pursuant to a plea agreement, the charges of
Official Annotations archive.org, 2015 edition
History:
En. Sec. 1, Ch. 379, L. 2003 (HB 141 - Lange, Michael (R) HD 19)