Iowa Code » Chapter 321 — MOTOR VEHICLES AND LAW OF THE ROAD
Iowa Code

Iowa Code § 321.279 (2026)

Eluding or attempting to elude pursuing law enforcement vehicle

✓ current as of July 2026
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1. a. The driver of a motor vehicle commits a serious misdemeanor if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked or unmarked official law enforcement vehicle driven by a peace officer after being given a visual and audible signal to stop. The signal given by the peace officer shall be by flashing red light, or by flashing red and blue lights, and siren. For purposes of this section, “peace

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Tue Dec 09 22:17:00 2025 Iowa Code 2026, Chapter 321 (137, 2) §321.279, MOTOR VEHICLES AND LAW OF THE ROAD 190\n\nofficer” means those officers designated under section 801.4, subsection 11, paragraphs “a”, “b”, “c”, “f”, “g”, and “h”. b. The driver of a motor vehicle who commits a violation under this subsection and who has previously committed any violation under this section is, upon conviction, guilty of an aggravated misdemeanor. 2. a. The driver of a motor vehicle commits a class “D” felony if the driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked or unmarked official law enforcement vehicle that is driven by a peace officer after being given a visual and audible signal as provided in this section and in doing so exceeds the speed limit by twenty-five miles per hour or more. b. The driver of a motor vehicle who commits a violation under this subsection and who has previously committed any violation under this section is, upon conviction, guilty of a class “C” felony. [C81, §321.279] 94 Acts, ch 1069, §1; 99 Acts, ch 31, §1; 2002 Acts, ch 1119, §153; 2008 Acts, ch 1147, §3; 2020 Acts, ch 1028, §1; 2020 Acts, ch 1121, §65, 70; 2021 Acts, ch 183, §49, 52; 2023 Acts, ch 42, §3 – 5 Referred to in §321.209, 321.555, 321J.2, 707.6A, 907.3

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Notes of Decisions
Cited in 140 cases (52 in the last 5 years), 1985–2026 · leading case: State of Iowa v. Dalevonte Davelle Hearn, 797 N.W.2d 577 (Iowa 2011).
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State of Iowa v. Dalevonte Davelle Hearn, 797 N.W.2d 577 (Iowa 2011). · cites it 34× “” 2 Iowa Code § 321.279 (3)(a). Hearn admits he was eluding a uniformed officer in a marked vehicle after being commanded to stop by driving twenty-five miles per hour over the speed limit, but denies that he was participating in a qualifying public offense under Iowa Code…”
State of Iowa v. John Arthur Wilson, 878 N.W.2d 203 (Iowa 2016). · cites it 10× “Finally, although Wilson committed the separate crime of eluding law enforcement during his flight, see Iowa Code § 321.279 , he did not make the decision to flee after being caught in the act of committing a crime other than the crimes charged.”
State v. Philo, 697 N.W.2d 481 (Iowa 2005). · cites it 8× “Iowa Code § 321.279 (3)(a). Regarding his first argument, Philo concedes that the minutes of testimony indicate he traveled at speeds up to fifty to eighty miles per hour during the chase.”
State v. Doggett, 687 N.W.2d 97 (Iowa 2004). · cites it 8× “See Iowa Code §§ 321.279 (3), 726.6(l)(a) (2001).”
Roger B. Ennenga v. State of Iowa, 812 N.W.2d 696 (Iowa 2012). · cites it 4× “The trial information charged Ennenga with one count of eluding a law enforcement vehicle in violation of Iowa Code section 321.279(3)(&) (2005), and one count of possession of a controlled substance in violation of Iowa Code section 124.”
State v. Rice, 661 N.W.2d 550 (Iowa Ct. App. 2003). · cites it 18× “Iowa Code § 321.279 (1). A person who fails to appropriately yield while also exceeding the speed limit by twenty-five miles per hour has committed an aggravated misdemeanor.”
State of Iowa v. Jonathan Q. Adams, 810 N.W.2d 365 (Iowa 2012). · cites it 4× “Eluding or attempting to elude a pursuing law enforcement vehicle, in violation of section 321.279, if the death of the other person directly or indirectly results from the violation.”
State of Iowa v. Darryl B. Shears Jr., 920 N.W.2d 527 (Iowa 2018). · cites it 4× “Pursuant to a plea agreement, Shears pled guilty to criminal mischief and to eluding under Iowa Code section 321.279(2), a lesser included offense of the original charge of eluding while participating in a public offense.”
State v. Ayers, 590 N.W.2d 25 (Iowa 1999). · cites it 6× “See Iowa Code §§ 321.279 , 903.1(2). In addition, the court imposed a $500 fine for each conviction.”
State v. Eckrich, 670 N.W.2d 647 (Iowa Ct. App. 2003). · cites it 14× “Brandon Eckrich appeals his convictions and sentences for felony eluding under Iowa Code section 321.279(3) (1999) and possession of controlled substance under section 124.”
State v. Wissing, 528 N.W.2d 561 (Iowa 1995). · cites it 4× “5 (1) (eluding a police vehicle is prohibited by Iowa Code § 321.279 ). Under these criminal charges, to prove Wissing guilty of vehicular homicide the State had to prove: (1)(a) He operated a motor vehicle while under the influence of alcohol, or while having an alcohol…”
United States v. Doyle, 678 F.3d 429 (6th Cir. 2012). · cites it 4× “iction under Iowa vehicular-flight statute that makes it a class "D" felony to flee from law enforcement "and in doing so exceed[] the speed limit by twenty-five miles per hour or more" while simultaneously either "(1) committing another felony, (2) operating under the influence…”
Show all 140 citing cases →
— Iowa Code § 321.279(1) — 13 cases
State of Iowa v. Dalevonte Davelle Hearn, 797 N.W.2d 577 (Iowa 2011). “” 2 Iowa Code § 321.279 (3)(a). Hearn admits he was eluding a uniformed officer in a marked vehicle after being commanded to stop by driving twenty-five miles per hour over the speed limit, but denies that he was participating in a qualifying public offense under Iowa Code…”
State v. Stewart, 691 N.W.2d 747 (Iowa Ct. App. 2004).
State of Iowa v. Austin Michael Bruckner (Iowa Ct. App. 2021).
State of Iowa v. Mitchell Scott Gahagan (Iowa Ct. App. 2016).
State of Iowa v. Keysean Damour Chumley (Iowa Ct. App. 2018).
— Iowa Code § 321.279(1)(a) — 7 cases
State of Iowa v. Bita Amisi (Iowa Ct. App. 2023).
State of Iowa v. Steven James Hayden (Iowa Ct. App. 2022).
Michael Duane Smith v. State of Iowa (Iowa Ct. App. 2024).
State of Iowa v. Michael Quodale Profit (Iowa Ct. App. 2024).
State of Iowa v. Bita Amisi (Iowa 2023).
— Iowa Code § 321.279(1)(b) — 1 case
State of Iowa v. Rod Wayne Knustrom (Iowa Ct. App. 2026).
— Iowa Code § 321.279(2) — 25 cases
State of Iowa v. Dalevonte Davelle Hearn, 797 N.W.2d 577 (Iowa 2011). “” 2 Iowa Code § 321.279 (3)(a). Hearn admits he was eluding a uniformed officer in a marked vehicle after being commanded to stop by driving twenty-five miles per hour over the speed limit, but denies that he was participating in a qualifying public offense under Iowa Code…”
State of Iowa v. Darryl B. Shears Jr., 920 N.W.2d 527 (Iowa 2018). “Pursuant to a plea agreement, Shears pled guilty to criminal mischief and to eluding under Iowa Code section 321.279(2), a lesser included offense of the original charge of eluding while participating in a public offense.”
State v. Rice, 661 N.W.2d 550 (Iowa Ct. App. 2003). “Iowa Code § 321.279 (1). A person who fails to appropriately yield while also exceeding the speed limit by twenty-five miles per hour has committed an aggravated misdemeanor.”
State of Iowa v. Austin Michael Bruckner (Iowa Ct. App. 2021).
State of Iowa v. Christopher Lee Roby Jr. (Iowa 2020).
— Iowa Code § 321.279(2)(a) — 9 cases
State of Iowa v. Cory Jarrett Brackin (Iowa Ct. App. 2022).
State of Iowa v. Jonathan Levi Hart (Iowa Ct. App. 2021).
State of Iowa v. Dylan Anthony McCombs (Iowa Ct. App. 2023).
State of Iowa v. James Joseph Petefish Sr. (Iowa Ct. App. 2023).
State of Iowa v. David Darold Blauer (Iowa Ct. App. 2024).
— Iowa Code § 321.279(2)(b) — 1 case
State of Iowa v. Kim Tielebein (Iowa Ct. App. 2022).
— Iowa Code § 321.279(3) — 32 cases
State of Iowa v. Dalevonte Davelle Hearn, 797 N.W.2d 577 (Iowa 2011). “” 2 Iowa Code § 321.279 (3)(a). Hearn admits he was eluding a uniformed officer in a marked vehicle after being commanded to stop by driving twenty-five miles per hour over the speed limit, but denies that he was participating in a qualifying public offense under Iowa Code…”
State of Iowa v. John Arthur Wilson, 878 N.W.2d 203 (Iowa 2016). “Finally, although Wilson committed the separate crime of eluding law enforcement during his flight, see Iowa Code § 321.279 , he did not make the decision to flee after being caught in the act of committing a crime other than the crimes charged.”
Roger B. Ennenga v. State of Iowa, 812 N.W.2d 696 (Iowa 2012). “The trial information charged Ennenga with one count of eluding a law enforcement vehicle in violation of Iowa Code section 321.279(3)(&) (2005), and one count of possession of a controlled substance in violation of Iowa Code section 124.”
State v. Eckrich, 670 N.W.2d 647 (Iowa Ct. App. 2003). “Brandon Eckrich appeals his convictions and sentences for felony eluding under Iowa Code section 321.279(3) (1999) and possession of controlled substance under section 124.”
State of Iowa v. Darryl B. Shears Jr., 920 N.W.2d 527 (Iowa 2018). “Pursuant to a plea agreement, Shears pled guilty to criminal mischief and to eluding under Iowa Code section 321.279(2), a lesser included offense of the original charge of eluding while participating in a public offense.”
— Iowa Code § 321.279(3)(A)(3) — 1 case
State of Iowa v. Ashley Nicole Hennings (Iowa Ct. App. 2023).
— Iowa Code § 321.279(3)(a) — 12 cases
State of Iowa v. Dalevonte Davelle Hearn, 797 N.W.2d 577 (Iowa 2011). “” 2 Iowa Code § 321.279 (3)(a). Hearn admits he was eluding a uniformed officer in a marked vehicle after being commanded to stop by driving twenty-five miles per hour over the speed limit, but denies that he was participating in a qualifying public offense under Iowa Code…”
State v. Philo, 697 N.W.2d 481 (Iowa 2005). “Iowa Code § 321.279 (3)(a). Regarding his first argument, Philo concedes that the minutes of testimony indicate he traveled at speeds up to fifty to eighty miles per hour during the chase.”
State v. Doggett, 687 N.W.2d 97 (Iowa 2004). “See Iowa Code §§ 321.279 (3), 726.6(l)(a) (2001).”
State v. Walker, 671 N.W.2d 30 (Iowa Ct. App. 2003).
State of Iowa v. Delandres Thompson (Iowa Ct. App. 2016).
— Iowa Code § 321.279(3)(b) — 9 cases
Roger B. Ennenga v. State of Iowa, 812 N.W.2d 696 (Iowa 2012). “The trial information charged Ennenga with one count of eluding a law enforcement vehicle in violation of Iowa Code section 321.279(3)(&) (2005), and one count of possession of a controlled substance in violation of Iowa Code section 124.”
State v. Rice, 661 N.W.2d 550 (Iowa Ct. App. 2003). “Iowa Code § 321.279 (1). A person who fails to appropriately yield while also exceeding the speed limit by twenty-five miles per hour has committed an aggravated misdemeanor.”
State v. Eckrich, 670 N.W.2d 647 (Iowa Ct. App. 2003). “Brandon Eckrich appeals his convictions and sentences for felony eluding under Iowa Code section 321.279(3) (1999) and possession of controlled substance under section 124.”
State of Iowa v. Lucas Benjamin Leonhard (Iowa Ct. App. 2017).
State of Iowa v. Jesse Lee Waterland (Iowa Ct. App. 2020).
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