Colorado Revised Statutes

Colo. Rev. Stat. § 18-9-116.5 (2026)

Vehicular eluding

✓ current as of July 2026

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(1) Any person who, while operating a motor vehicle, knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and who knows or reasonably should know that he or she is being pursued by said peace officer, and who operates his or her vehicle in a reckless manner, commits vehicular eluding.

(2) (a) Vehicular eluding is a class 5 felony; except that vehicular eluding that results in bodily injury to another person is a class 4 felony and vehicular eluding that results in death to another person is a class 3 felony.

(b) Repealed.

Source: L. 75: Entire section added, p. 620, § 16, effective July 21. L. 86: Entire section amended, p. 786, § 1, effective July 1. L. 89: Entire section amended, p. 840, § 88, effective July 1. L. 2000: Entire section amended, p. 698, § 17, effective July 1. L. 2008: Entire section amended, p. 2084, § 1, effective July 1. L. 2023: (2)(b) repealed, (HB 23-1293), ch. 298, p. 1789, § 35, effective October 1. Cross references: For driving a motor vehicle with a wanton or a willful disregard for the safety of others, see reckless driving as contained in § 42-4-1401.

Notes of Decisions

Cited in 46 cases (9 in the last 5 years), 1978–2026 · leading case: People v. Campbell, 2018 COA 5 (Colo. Ct. App. 2018).

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People v. Campbell, 2018 COA 5 (Colo. Ct. App. 2018). · cites it 3× “¶ 16 In their supplemental brief, the People further argue that the officers had probable cause to believe that Campbell was eluding the officers in violation of section 18-9-116.5(1), C.R.S. 2017, a class 5 felony.”

Cowen v. People, 2018 CO 96 (Colo. 2018). · cites it 2× “7 The prosecution could not have charged Dubois with eluding Deputy Benavidez because the crime of vehicular eluding requires proof that the defendant knowingly eluded (or attempted to elude) a peace officer and that the defendant knew or should have known he was being pursued…”

People v. Avila, 944 P.2d 673 (Colo. Ct. App. 1997). · cites it 5× “Section 18-9-116.5, C.R.S. (1996 Cum. Supp.”

People v. Ortiz, 2016 COA 58 (Colo. Ct. App. 2016). · cites it 2× “3d at 46 (affirming restitution to a peace officer and his employer, a county, for vehicular eluding); see § 18-9-116.5(1), C.R.S. 2015 ("Any person who, while operating a motor vehicle, knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and…”

v. Dominguez, 2019 COA 78 (Colo. Ct. App. 2019). · cites it 2× “2011); see also § 18-9-116.5(1), C.R.S. 2018 (elements of vehicular eluding).”

People v. Lage, 232 P.3d 138 (Colo. Ct. App. 2009). · cites it 18× “2008, a class four felony; (5) deadly vehicular eluding, § 18-9-116.5, C.R.S.2008, a class three felony; (6) deadly careless driving, § 42-4-1402, C.”

In re People v. Tafoya, 2019 CO 13 (Colo. 2019). · cites it 3× “As pertinent here, the prosecution now charged Tafoya with one count of DUI-fourth or subsequent offense, a class four felony under section 42-4-1301(1)(a) ; two counts of vehicular eluding, a class five felony under section 18-9-116.5, C.R.S. (2018); one count of criminal…”

People v. Pena, 962 P.2d 285 (Colo. Ct. App. 1997). · cites it 12× “1997, were lesser-included offenses of the charged offense of vehicular eluding, under § 18-9-116.5, C.R.S.1997. The trial court denied the request, but offered to instruct the jury on reckless and careless driving as lesser «.”

Grissom v. People, 115 P.3d 1280 (Colo. 2005). · cites it 6× “(2004), and vehicular eluding under section 18-9-116.5, C.R.S. (2004). He was acquitted of robbery, section 18-4-301(1), C.”

v. Vialpando, 2020 COA 42 (Colo. Ct. App. 2020). · cites it 4× “2019; vehicular eluding, § 18-9-116.5, C.R.S. 2019; aggravated motor vehicle theft in the first degree, § 18-4- 409(2), C.”

People v. Esparza-Treto, 282 P.3d 471 (Colo. Ct. App. 2011). · cites it 2× “Although the jury subsequently returned a verdict finding Esparza guilty of that charge, the mittimus erroneously reflects that Esparza was convicted of the class six felony of attempted vehicular eluding under section 18-9-116.5. Accordingly, we remand this case with…”

People v. Palomo, 272 P.3d 1106 (Colo. Ct. App. 2011). · cites it 6× “Vincent Palomo, defendant, appeals his conviction entered on jury verdicts finding him guilty of vehicular eluding, § 18-9-116.5, C.R.S.2010 (class 5 felony), and the lesser nonineluded charge of eluding or attempting to elude a police officer, § 42-4-1418, C.”

Show all 46 citing cases →

— Colo. Rev. Stat. § 18-9-116.5(1) — 19 cases

People v. Campbell, 2018 COA 5 (Colo. Ct. App. 2018). “¶ 16 In their supplemental brief, the People further argue that the officers had probable cause to believe that Campbell was eluding the officers in violation of section 18-9-116.5(1), C.R.S. 2017, a class 5 felony.”

Cowen v. People, 2018 CO 96 (Colo. 2018). “7 The prosecution could not have charged Dubois with eluding Deputy Benavidez because the crime of vehicular eluding requires proof that the defendant knowingly eluded (or attempted to elude) a peace officer and that the defendant knew or should have known he was being pursued…”

People v. Ortiz, 2016 COA 58 (Colo. Ct. App. 2016). “3d at 46 (affirming restitution to a peace officer and his employer, a county, for vehicular eluding); see § 18-9-116.5(1), C.R.S. 2015 ("Any person who, while operating a motor vehicle, knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and…”

v. Dominguez, 2019 COA 78 (Colo. Ct. App. 2019). “2011); see also § 18-9-116.5(1), C.R.S. 2018 (elements of vehicular eluding).”

People v. McMinn, 412 P.3d 551 (Colo. Ct. App. 2013).

— Colo. Rev. Stat. § 18-9-116.5(1)(d) — 1 case

People v. Poindexter, 338 P.3d 352 (Colo. Ct. App. 2013).

— Colo. Rev. Stat. § 18-9-116.5(2)(a) — 2 cases

People v. Lage, 232 P.3d 138 (Colo. Ct. App. 2009). “2008, a class four felony; (5) deadly vehicular eluding, § 18-9-116.5, C.R.S.2008, a class three felony; (6) deadly careless driving, § 42-4-1402, C.”

People v. Dutton, 356 P.3d 871 (Colo. Ct. App. 2014).

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