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Resisting and Fleeing

N.D.C.C. § 39-10-71 — fleeing a signal to stop is a class A misdemeanor, a class C felony the second time in three years

Preventing an arrest for a misdemeanor or infraction, by creating a substantial risk of bodily injury or using means that need substantial force to overcome, is a class A misdemeanor; for an arrest for a felony, a class C felony. That the officer was not acting lawfully is a defense, but a mistaken belief that the officer was not is no defense.

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  • A driver who willfully fails to stop, or flees, after a visual or audible signal commits a class A misdemeanor, and a class C felony for a second within three years.
  • Fleeing during or after a felony, or driving with an inherent risk of death or serious injury to others, is a class C felony.
  • A signal from a vehicle counts if the vehicle is marked as police; on foot, if the officer is in uniform or shows a badge.
  • N.D.C.C. § 39-10-71

Force may not be used to resist an arrest by a public servant acting under color of law, but excessive force may be resisted. A particular arrest is a question for a licensed North Dakota attorney.

Sources for this section (3)
  1. N.D.C.C. § 12.1-08-02 — Preventing arrest or discharge of other duties
  2. N.D.C.C. § 39-10-71 — Fleeing or attempting to elude a peace officer - Penalty
  3. N.D.C.C. § 12.1-05-03 — Self-defense

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.

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