{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-817.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-817.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-817.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-817.html"}],"law_id":54590,"edition_id":1,"section_id":54590,"structure_id":12919,"section_number":"46.2-817","catch_line":"Disregarding signal by law-enforcement officer to stop; eluding police; penalties","history":"1964, c. 614, \u00a7 46.1-192.1; 1984, cc. 544, 780; 1988, c. 307; 1989, c. 727; 1993, c. 796; 1996, cc. 577, 817; 1999, c. 720; 2000, c. 315; 2002, c. 505; 2008, cc. 773, 811; 2010, c. 655.","full_text":"A\n\nAny person who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal or who attempts to escape or elude such law-enforcement officer whether on foot, in the vehicle, or by any other means, is guilty of a Class 2 misdemeanor. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows he reasonably believed he was being pursued by a person other than a law-enforcement officer.B\n\nAny person who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal so as to interfere with or endanger the operation of the law-enforcement vehicle or endanger a person is guilty of a Class 6 felony. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows he reasonably believed he was being pursued by a person other than a law-enforcement officer.C\n\nIf a law-enforcement officer pursues a person as a result of a violation of subsection B and the law-enforcement officer is killed as a direct and proximate result of the pursuit, the person who violated subsection B is guilty of a Class 4 felony.D\n\nWhen any person is convicted of an offense under this section, in addition to the other penalties provided in this section, the driver’s license of such person shall be suspended by the court for a period of not less than thirty days nor more than one year. However, in any case where the speed of such person is determined to have exceeded the maximum allowed by twenty miles per hour, his driver’s license shall be suspended by the court trying the case for a period of not less than ninety days. In case of conviction and suspension, the court or judge shall order the surrender of the license to the court, which shall dispose of it in accordance with the provisions of § 46.2-398.E\n\nViolation of this section shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.","order_by":null,"text":{"0":{"id":200438,"text":"Any person who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal or who attempts to escape or elude such law-enforcement officer whether on foot, in the vehicle, or by any other means, is guilty of a Class 2 misdemeanor. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows he reasonably believed he was being pursued by a person other than a law-enforcement officer.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":200439,"text":"Any person who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal so as to interfere with or endanger the operation of the law-enforcement vehicle or endanger a person is guilty of a Class 6 felony. It shall be an affirmative defense to a charge of a violation of this subsection if the defendant shows he reasonably believed he was being pursued by a person other than a law-enforcement officer.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":200440,"text":"If a law-enforcement officer pursues a person as a result of a violation of subsection B and the law-enforcement officer is killed as a direct and proximate result of the pursuit, the person who violated subsection B is guilty of a Class 4 felony.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":200441,"text":"When any person is convicted of an offense under this section, in addition to the other penalties provided in this section, the driver’s license of such person shall be suspended by the court for a period of not less than thirty days nor more than one year. However, in any case where the speed of such person is determined to have exceeded the maximum allowed by twenty miles per hour, his driver’s license shall be suspended by the court trying the case for a period of not less than ninety days. In case of conviction and suspension, the court or judge shall order the surrender of the license to the court, which shall dispose of it in accordance with the provisions of § 46.2-398.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":200442,"text":"Violation of this section shall constitute a separate and distinct offense. If the acts or activities violating this section also violate another provision of law, a prosecution under this section shall not prohibit or bar any prosecution or proceeding under such other provision or the imposition of any penalties provided for thereby.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":12919,"edition_id":1,"name":"General and Miscellaneous","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12875,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":230191,"object_type":"structure","relational_id":12919,"identifier":"1","token":"46.2\/III\/8\/1","url":"\/46.2\/III\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12875,"edition_id":1,"name":"Regulation of Traffic","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":230189,"object_type":"structure","relational_id":12875,"identifier":"8","token":"46.2\/III\/8","url":"\/46.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54028,"structure_id":12919,"section_number":"46.2-800","catch_line":"Riding bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, mopeds, or motorized skateboards or scooters; riding or driving animals","url":"\/46.2-800\/","token":"46.2\/III\/8\/1\/46.2-800","metadata":false},{"id":77773,"structure_id":12919,"section_number":"46.2-800.1","catch_line":"Riding animals on highways after sunset","url":"\/46.2-800.1\/","token":"46.2\/III\/8\/1\/46.2-800.1","metadata":false},{"id":87490,"structure_id":12919,"section_number":"46.2-800.2","catch_line":"Operation of off-road recreational vehicles in localities embraced by the Southwest Regional Recreation Authority","url":"\/46.2-800.2\/","token":"46.2\/III\/8\/1\/46.2-800.2","metadata":false},{"id":76700,"structure_id":12919,"section_number":"46.2-800.3","catch_line":"Driving in flooded areas prohibited","url":"\/46.2-800.3\/","token":"46.2\/III\/8\/1\/46.2-800.3","metadata":false},{"id":68610,"structure_id":12919,"section_number":"46.2-801","catch_line":"Chapter applicable to drivers of all vehicles regardless of ownership","url":"\/46.2-801\/","token":"46.2\/III\/8\/1\/46.2-801","metadata":false},{"id":79548,"structure_id":12919,"section_number":"46.2-802","catch_line":"Drive on right side of highways; 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penalty","url":"\/46.2-815\/","token":"46.2\/III\/8\/1\/46.2-815","metadata":false},{"id":78973,"structure_id":12919,"section_number":"46.2-816","catch_line":"Following too closely","url":"\/46.2-816\/","token":"46.2\/III\/8\/1\/46.2-816","metadata":false},{"id":81052,"structure_id":12919,"section_number":"46.2-816.1","catch_line":"Careless driving and infliction of injury or death on vulnerable road users; penalty","url":"\/46.2-816.1\/","token":"46.2\/III\/8\/1\/46.2-816.1","metadata":false},{"id":54590,"structure_id":12919,"section_number":"46.2-817","catch_line":"Disregarding signal by law-enforcement officer to stop; eluding police; penalties","url":"\/46.2-817\/","token":"46.2\/III\/8\/1\/46.2-817","metadata":false},{"id":64726,"structure_id":12919,"section_number":"46.2-818","catch_line":"Stopping vehicle of another; blocking access to premises; damaging or threatening commercial vehicle or operator thereof; penalties","url":"\/46.2-818\/","token":"46.2\/III\/8\/1\/46.2-818","metadata":false},{"id":61240,"structure_id":12919,"section_number":"46.2-818.1","catch_line":"Opening and closing motor vehicle doors; penalty","url":"\/46.2-818.1\/","token":"46.2\/III\/8\/1\/46.2-818.1","metadata":false},{"id":75401,"structure_id":12919,"section_number":"46.2-818.2","catch_line":"Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty","url":"\/46.2-818.2\/","token":"46.2\/III\/8\/1\/46.2-818.2","metadata":false}],"previous_section":{"id":81052,"structure_id":12919,"section_number":"46.2-816.1","catch_line":"Careless driving and infliction of injury or death on vulnerable road users; penalty","url":"\/46.2-816.1\/","token":"46.2\/III\/8\/1\/46.2-816.1","metadata":false},"next_section":{"id":64726,"structure_id":12919,"section_number":"46.2-818","catch_line":"Stopping vehicle of another; blocking access to premises; damaging or threatening commercial vehicle or operator thereof; penalties","url":"\/46.2-818\/","token":"46.2\/III\/8\/1\/46.2-818","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-817\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 614 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1984, chapters 544 and 780; in 1988, chapter 307; in 1989, chapter 727; in 1993, chapter 796; in 1996, chapters 577<\/a> and 817<\/a>; in 1999, chapter 720<\/a>; in 2000, chapter 315<\/a>; in 2002, chapter 505<\/a>; in 2008, chapters 773<\/a> and 811<\/a>; in 2010, chapter 655<\/a>.<\/p>","references":[{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"id":63452,"section_number":"46.2-2099.49","catch_line":"Requirements for TNC partners; mandatory background screening; drug and alcohol policy; mandatory disclosures to TNC partners; duty of TNC partners to provide updated information to transportation network companies","order_by":null,"url":"\/46.2-2099.49\/"},{"id":60308,"section_number":"46.2-411","catch_line":"Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee","order_by":null,"url":"\/46.2-411\/"}],"refers_to":false,"permalink":{"id":230301,"object_type":"law","relational_id":54590,"identifier":"46.2-817","token":"46.2\/III\/8\/1\/46.2-817","url":"\/46.2-817\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-817\/","token":"46.2\/III\/8\/1\/46.2-817","dublin_core":{"Title":"Disregarding signal by law-enforcement officer to stop; eluding police; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-817","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who, having received a visible or audible signal from any law<\/span>-enforcement officer<\/span> to bring his motor vehicle<\/span> to a stop, drives such motor vehicle<\/span> in a willful and wanton disregard of such signal or who attempts to escape or elude such law<\/span>-enforcement officer<\/span> whether on foot, in the vehicle, or by any other means, is guilty of a Class 2 misdemeanor<\/span>. It shall be an affirmative defense<\/span> to a charge of a violation of this subsection if the defendant<\/span> shows he reasonably believed he was being pursued by a person other than a law<\/span>-enforcement officer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person who, having received a visible or audible signal from any law<\/span>-enforcement officer<\/span> to bring his motor vehicle<\/span> to a stop, drives such motor vehicle<\/span> in a willful and wanton disregard of such signal so as to interfere with or endanger the operation of the law<\/span>-enforcement vehicle or endanger a person is guilty of a Class 6 felony<\/span>. It shall be an affirmative defense<\/span> to a charge of a violation of this subsection if the defendant<\/span> shows he reasonably believed he was being pursued by a person other than a law<\/span>-enforcement officer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a law<\/span>-enforcement officer<\/span> pursues a person as a result of a violation of subsection B and the law<\/span>-enforcement officer<\/span> is killed as a direct and proximate result of the pursuit, the person who violated subsection B is guilty of a Class 4 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When any person is convicted of an offense<\/span> under this section, in addition to the other penalties provided in this section, the driver<\/span>’s license of such person shall be suspended by the court<\/span> for a period of not less than thirty days nor more than one year. However, in any case where the speed of such person is determined to have exceeded the maximum allowed by twenty miles per hour, his driver<\/span>’s license shall be suspended by the court<\/span> trying the case for a period of not less than ninety days. In case of conviction<\/span> and suspension<\/span>, the court<\/span> or judge<\/span> shall order<\/span> the surrender of the license to the court<\/span>, which shall dispose of it in accordance with the provisions of § 46.2-398<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Violation of this section shall constitute a separate and distinct offense<\/span>. If the acts or activities violating this section also violate another provision of law<\/span>, a prosecution<\/span> under this section shall not prohibit or bar any prosecution<\/span> or proceeding under such other provision or the imposition of any penalties provided for thereby. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISREGARDING SIGNAL BY LAW-ENFORCEMENT OFFICER TO STOP; ELUDING POLICE;\nPENALTIES (\u00a7 46.2-817)\n\nA. Any person who, having received a visible or audible signal from any\nlaw-enforcement officer to bring his motor vehicle to a stop, drives such motor\nvehicle in a willful and wanton disregard of such signal or who attempts to\nescape or elude such law-enforcement officer whether on foot, in the vehicle, or\nby any other means, is guilty of a Class 2 misdemeanor. It shall be an\naffirmative defense to a charge of a violation of this subsection if the\ndefendant shows he reasonably believed he was being pursued by a person other\nthan a law-enforcement officer.\n\nB. Any person who, having received a visible or audible signal from any\nlaw-enforcement officer to bring his motor vehicle to a stop, drives such motor\nvehicle in a willful and wanton disregard of such signal so as to interfere with\nor endanger the operation of the law-enforcement vehicle or endanger a person is\nguilty of a Class 6 felony. It shall be an affirmative defense to a charge of a\nviolation of this subsection if the defendant shows he reasonably believed he\nwas being pursued by a person other than a law-enforcement officer.\n\nC. If a law-enforcement officer pursues a person as a result of a violation of\nsubsection B and the law-enforcement officer is killed as a direct and proximate\nresult of the pursuit, the person who violated subsection B is guilty of a Class\n4 felony.\n\nD. When any person is convicted of an offense under this section, in addition to\nthe other penalties provided in this section, the driver’s license of such\nperson shall be suspended by the court for a period of not less than thirty days\nnor more than one year. However, in any case where the speed of such person is\ndetermined to have exceeded the maximum allowed by twenty miles per hour, his\ndriver’s license shall be suspended by the court trying the case for a\nperiod of not less than ninety days. In case of conviction and suspension, the\ncourt or judge shall order the surrender of the license to the court, which\nshall dispose of it in accordance with the provisions of § 46.2-398.\n\nE. Violation of this section shall constitute a separate and distinct offense.\nIf the acts or activities violating this section also violate another provision\nof law, a prosecution under this section shall not prohibit or bar any\nprosecution or proceeding under such other provision or the imposition of any\npenalties provided for thereby.\n\nHISTORY: 1964, c. 614, \u00a7 46.1-192.1; 1984, cc. 544, 780; 1988, c. 307; 1989, c.\n727; 1993, c. 796; 1996, cc. 577, 817; 1999, c. 720; 2000, c. 315; 2002, c. 505;\n2008, cc. 773, 811; 2010, c. 655.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}