Alaska Statutes
Alaska Stat. § 28.35.182 (2026)
Failure to stop at direction of peace officer
✓ current as of July 2026
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Sec. 28.35.182. Failure to stop at direction of peace officer.
(a) A person commits the offense of failure to stop at the direction of a peace officer in the first degree if the person violates (b) of this section, and, during the commission of that offense,
(1) the person violates AS 28.35.400;
(2) the person is committing vehicle theft in the first or second degree; or
(3) as a result of the person's operation or driving, an accident occurs or a person suffers serious physical injury; in this paragraph, “serious physical injury” has the meaning given in AS 11.81.900.
(b) A person commits the offense of failure to stop at the direction of a peace officer in the second degree if the person, while driving or operating a vehicle or motor vehicle or while operating an aircraft or watercraft, knowingly fails to stop as soon as practical and in a reasonably safe manner under the circumstances when requested or signaled to do so by a peace officer.
(c) In a prosecution under this section, it is an affirmative defense, if the peace officer, when requesting or signaling the defendant to stop,
(1) was operating a vehicle, motor vehicle, aircraft, or watercraft, and the vehicle, motor vehicle, aircraft, or watercraft
(A) did not meet lighting and audible signaling requirements of law for law enforcement vehicles; and
(B) was not marked appropriately so that a reasonable person would recognize it as a law enforcement vehicle; or
(2) was not operating a vehicle, motor vehicle, aircraft, or watercraft, and the peace officer was not wearing the uniform of office or displaying a badge or other symbol of authority so as to be reasonably identifiable as a peace officer.
(d) In this section,
(1) “knowingly” has the meaning given in AS 11.81.900;
(2) “signal” means a hand motion, audible mechanical or electronic noise device, visual light device, or combination of them, used in a manner that a reasonable person would understand to mean that the peace officer intends that the person stop.
(e) Failure to stop at the direction of a peace officer in the first degree is a class C felony punishable as provided in AS 12.55. Failure to stop at the direction of a peace officer in the second degree is a class A misdemeanor.
(a) A person commits the offense of failure to stop at the direction of a peace officer in the first degree if the person violates (b) of this section, and, during the commission of that offense,
(1) the person violates AS 28.35.400;
(2) the person is committing vehicle theft in the first or second degree; or
(3) as a result of the person's operation or driving, an accident occurs or a person suffers serious physical injury; in this paragraph, “serious physical injury” has the meaning given in AS 11.81.900.
(b) A person commits the offense of failure to stop at the direction of a peace officer in the second degree if the person, while driving or operating a vehicle or motor vehicle or while operating an aircraft or watercraft, knowingly fails to stop as soon as practical and in a reasonably safe manner under the circumstances when requested or signaled to do so by a peace officer.
(c) In a prosecution under this section, it is an affirmative defense, if the peace officer, when requesting or signaling the defendant to stop,
(1) was operating a vehicle, motor vehicle, aircraft, or watercraft, and the vehicle, motor vehicle, aircraft, or watercraft
(A) did not meet lighting and audible signaling requirements of law for law enforcement vehicles; and
(B) was not marked appropriately so that a reasonable person would recognize it as a law enforcement vehicle; or
(2) was not operating a vehicle, motor vehicle, aircraft, or watercraft, and the peace officer was not wearing the uniform of office or displaying a badge or other symbol of authority so as to be reasonably identifiable as a peace officer.
(d) In this section,
(1) “knowingly” has the meaning given in AS 11.81.900;
(2) “signal” means a hand motion, audible mechanical or electronic noise device, visual light device, or combination of them, used in a manner that a reasonable person would understand to mean that the peace officer intends that the person stop.
(e) Failure to stop at the direction of a peace officer in the first degree is a class C felony punishable as provided in AS 12.55. Failure to stop at the direction of a peace officer in the second degree is a class A misdemeanor.
Notes of Decisions
Cited in 28
cases (8 in the last 5 years), 1986–2024 · leading case: Majaev v. State, 223 P.3d 629 (Alaska 2010).
Majaev v. State, 223 P.3d 629 (Alaska 2010). “18 Majaey argues that a reasonable person in his situation would not have felt free *633 to leave because ignoring Trooper Bordner's hand signal would have subjected him to criminal sanctions under AS 28.35.182, the relevant portion of which provides: A person commits the…”
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009). “"); Alaska Stat. § 28.35.182 (b) ("A person commits the offense of failure to stop at the direction of a peace officer in the second degree if the person, while driving or operating a vehicle or motor vehicle or while operating an aircraft or watercraft, knowingly fails to stop…”
Taylor v. State, 400 P.3d 130 (Alaska Ct. App. 2017). “Under the statute defining this crime — AS 28.35.182(a) — the State must prove two elements: first, that the' motorist failed to stop when directed to'do so; and second, that the motorist, while eluding the police, (1) committed the separate offense of reckless driving, or (2)…”
Matthew v. State, 152 P.3d 469 (Alaska Ct. App. 2007). “291(a)(1); AS 28.35.182(b), respectively. [4] See Alcohol Monitoring Systems, Inc.”
Fraiman v. State, Dep't of Admin., Div. of Motor Vehs., 49 P.3d 241 (Alaska 2002). “AS 28.35.182(b) ("A person commits the offense of failure to stop at the direction of a peace officer in the second degree if the person, while driving or operating a vehicle or motor vehicle or while operating an aircraft or watercraft, knowingly fails to stop as soon as…”
State v. Campbell, 198 P.3d 1170 (Alaska Ct. App. 2008). “NOTES [1] AS 28.35.182(a). [2] AS 28.35.030(a)(1). [3] AS 11.”
Newsom v. State, 199 P.3d 1181 (Alaska Ct. App. 2009). “Newsom was ultimately convicted of first-degree (felony) failing to stop at the direction of a police officer under AS 28.35.182(a)(1)-i.e., a failure to stop accompanied by an act of reckless driving as defined in AS 28.”
Elizabeth Watson v. State of Alaska, 487 P.3d 568 (Alaska 2021). “161(f) (use of electronic devices while driving which causes physical injury to another person); AS 28.35.182(a), (e) (failure to stop at direction of peace officer while driving recklessly or driving stolen car, or if accident occurs or person suffers serious physical injury);…”
Rogers v. State, 280 P.3d 582 (Alaska Ct. App. 2012). “Conclusion We AFFIRM the superior court's judgment. COATS, Chief Judge, not participating.”
Berezyuk v. State, 407 P.3d 512 (Alaska Ct. App. 2017). “AS 28.35.182(b). Berezyuk does not challenge this conviction on appeal.”
Sapp v. State, 379 P.3d 1000 (Alaska Ct. App. 2016). “Because we are remanding Sapp’s case to the superior court for re-sentencing on Sapp’s conviction for leaving the scene of a non-injury accident, we decline to reach Sapp’s argument, that the superior court erred in finding him a “worst offender” for purposes of his reckless…”
Randall v. City of Fairbanks, 352 F. Supp. 2d 1028 (D. Alaska 2005). “§ 28.35.182 (2000). 60 . Graham, 490 U.S.”
— Alaska Stat. § 28.35.182(a) — 8 cases
Taylor v. State, 400 P.3d 130 (Alaska Ct. App. 2017). “Under the statute defining this crime — AS 28.35.182(a) — the State must prove two elements: first, that the' motorist failed to stop when directed to'do so; and second, that the motorist, while eluding the police, (1) committed the separate offense of reckless driving, or (2)…”
State v. Campbell, 198 P.3d 1170 (Alaska Ct. App. 2008). “NOTES [1] AS 28.35.182(a). [2] AS 28.35.030(a)(1). [3] AS 11.”
Rogers v. State, 280 P.3d 582 (Alaska Ct. App. 2012). “Conclusion We AFFIRM the superior court's judgment. COATS, Chief Judge, not participating.”
Sapp v. State, 379 P.3d 1000 (Alaska Ct. App. 2016). “Because we are remanding Sapp’s case to the superior court for re-sentencing on Sapp’s conviction for leaving the scene of a non-injury accident, we decline to reach Sapp’s argument, that the superior court erred in finding him a “worst offender” for purposes of his reckless…”
Elizabeth Watson v. State of Alaska, 487 P.3d 568 (Alaska 2021). “161(f) (use of electronic devices while driving which causes physical injury to another person); AS 28.35.182(a), (e) (failure to stop at direction of peace officer while driving recklessly or driving stolen car, or if accident occurs or person suffers serious physical injury);…”
— Alaska Stat. § 28.35.182(a)(1) — 9 cases
Newsom v. State, 199 P.3d 1181 (Alaska Ct. App. 2009). “Newsom was ultimately convicted of first-degree (felony) failing to stop at the direction of a police officer under AS 28.35.182(a)(1)-i.e., a failure to stop accompanied by an act of reckless driving as defined in AS 28.”
Jason A. Dixon v. State of Alaska, 553 P.3d 1273 (Alaska Ct. App. 2024).
Shay v. State, 258 P.3d 902 (Alaska Ct. App. 2011).
Keith Gilbert Ambacher v. State of Alaska, 521 P.3d 604 (Alaska Ct. App. 2022).
Matthew Allen Taylor v. State of Alaska, 536 P.3d 247 (Alaska Ct. App. 2023).
— Alaska Stat. § 28.35.182(a)(2) — 1 case
Keith Gilbert Ambacher v. State of Alaska, 521 P.3d 604 (Alaska Ct. App. 2022).
— Alaska Stat. § 28.35.182(b) — 8 cases
Matthew v. State, 152 P.3d 469 (Alaska Ct. App. 2007). “291(a)(1); AS 28.35.182(b), respectively. [4] See Alcohol Monitoring Systems, Inc.”
Majaev v. State, 223 P.3d 629 (Alaska 2010). “18 Majaey argues that a reasonable person in his situation would not have felt free *633 to leave because ignoring Trooper Bordner's hand signal would have subjected him to criminal sanctions under AS 28.35.182, the relevant portion of which provides: A person commits the…”
Fraiman v. State, Dep't of Admin., Div. of Motor Vehs., 49 P.3d 241 (Alaska 2002). “AS 28.35.182(b) ("A person commits the offense of failure to stop at the direction of a peace officer in the second degree if the person, while driving or operating a vehicle or motor vehicle or while operating an aircraft or watercraft, knowingly fails to stop as soon as…”
Berezyuk v. State, 407 P.3d 512 (Alaska Ct. App. 2017). “AS 28.35.182(b). Berezyuk does not challenge this conviction on appeal.”
Elizabeth Watson v. State of Alaska, 487 P.3d 568 (Alaska 2021). “161(f) (use of electronic devices while driving which causes physical injury to another person); AS 28.35.182(a), (e) (failure to stop at direction of peace officer while driving recklessly or driving stolen car, or if accident occurs or person suffers serious physical injury);…”
— Alaska Stat. § 28.35.182(d)(1) — 1 case
Sapp v. State (Alaska Ct. App. 2016).
— Alaska Stat. § 28.35.182(d)(2) — 1 case
Majaev v. State, 223 P.3d 629 (Alaska 2010). “18 Majaey argues that a reasonable person in his situation would not have felt free *633 to leave because ignoring Trooper Bordner's hand signal would have subjected him to criminal sanctions under AS 28.35.182, the relevant portion of which provides: A person commits the…”
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