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Kansas Statutes Annotated

K.S.A. § 8-1568 (2026)

Fleeing or attempting to elude a police officer; penalties

✓ current as of May 2026
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8-1568. Fleeing or attempting to elude a police officer; penalties. (a) (1) (A) Any driver of a motor vehicle who knowingly fails or refuses to bring such driver's vehicle to a stop for a pursuing police vehicle or police bicycle, when given visual or audible signal to bring the vehicle to a stop, shall be guilty as provided by subsection (c)(1).

(B) Any driver of a motor vehicle who knowingly otherwise flees or attempts to elude a pursuing police vehicle or police bicycle, when given visual or audible signal to bring the vehicle to a stop, shall be guilty as provided by subsection (c)(1).

(2) It shall be an affirmative defense to any prosecution under subsection (a)(1) that the driver's conduct in violation of such subsection was caused by such driver's reasonable belief that the vehicle or bicycle pursuing such driver's vehicle is not a police vehicle or police bicycle.

(b) Any driver of a motor vehicle who knowingly fails or refuses to bring such driver's vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle or police bicycle, when given visual or audible signal to bring the vehicle to a stop, and who:

(1) Commits any of the following during a police pursuit, shall be guilty as provided by subsection (c)(2):

(A) Fails to stop for a police road block;

(B) drives around tire deflating devices placed by a police officer;

(C) engages in reckless driving as defined by K.S.A. 8-1566, and amendments thereto;

(D) is involved in any motor vehicle accident or intentionally causes damage to property;

(E) commits five or more moving violations; or

(F) is operating a stolen motor vehicle;

(2) is attempting to elude capture for the commission of any felony, shall be guilty as provided by subsection (c)(2); or

(3) knowingly drives the wrong way into an opposing lane of travel on a divided highway as defined in K.S.A. 8-1414, and amendments thereto, knowingly departs the appropriate lane of travel into an opposing lane of travel on any roadway causing an evasive maneuver by another driver, knowingly drives through any intersection causing an evasive maneuver by another driver or causes a collision involving another driver, shall be guilty as provided by subsection (c)(3).

(c) (1) Violation of subsection (a) is a:

(A) Class B nonperson misdemeanor when the person being sentenced has no prior convictions for a violation of subsection (a) or (b);

(B) class A nonperson misdemeanor when the person being sentenced has one prior conviction for a violation of subsection (a) or (b); or

(C) severity level 9, person felony when the person being sentenced has two or more prior convictions for a violation of subsection (a) or (b).

(2) Violation of subsection (b)(1) or (b)(2) is a severity level 9, person felony.

(3) Violation of subsection (b)(3) is a severity level 7, person felony.

(4) In addition to the penalty described in paragraph (2), the court shall impose a fine of not less than $500 when the driver is operating a stolen motor vehicle during the commission of the offense.

(d) The signal given by the police officer may be by hand, voice, emergency light or siren:

(1) If the officer giving such signal is within or upon an official police vehicle or police bicycle at the time the signal is given, the vehicle or bicycle shall be appropriately marked showing it to be an official police vehicle or police bicycle; or

(2) if the officer giving such signal is not utilizing an official police vehicle or police bicycle at the time the signal is given, the officer shall be in uniform, prominently displaying such officer's badge of office at the time the signal is given.

(e) For the purpose of this section:

(1) "Conviction" means a final conviction without regard to whether sentence was suspended or probation granted after such conviction. Forfeiture of bail, bond or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction. For the purpose of determining whether a conviction is a first, second, third or subsequent conviction in sentencing under this section, it is irrelevant whether an offense occurred before or after conviction for a previous offense.

(2) "Appropriately marked" official police vehicle or police bicycle shall include, but not be limited to, any police vehicle or bicycle equipped with functional emergency lights or siren or both and which the emergency lights or siren or both have been activated for the purpose of signaling a driver to stop a motor vehicle.

(f) The division of vehicles of the department of revenue shall promote public awareness of the provisions of this section when persons apply for or renew such person's driver's license.

History: L. 1974, ch. 33, § 8-1568; L. 1981, ch. 42, § 2; L. 1992, ch. 239, § 29; L. 1993, ch. 291, § 4; L. 1994, ch. 291, § 3; L. 1996, ch. 180, § 2; L. 1998, ch. 145, § 1; L. 2009, ch. 132, § 2; L. 2014, ch. 76, § 1; L. 2021, ch. 103, § 3; July 1.

Notes of Decisions
Cited in 102 cases (38 in the last 5 years), 1980–2026 · leading case: – State v. Jenkins –, 455 P.3d 779 (Kan. 2020).
Sort: Relevance Newest Treatment
– State v. Jenkins –, 455 P.3d 779 (Kan. 2020). · cites it 14× “In the first instruction—pertaining to the pickup pursuit—the district judge instructed the jury about four possible options within a means by which Jenkins may have committed felony fleeing and eluding: driving around a tire deflating device placed by a police officer (K.S.A.…”
State v. Jordan, 537 P.3d 443 (Kan. 2023). · cites it 21× “at 266 (finding material difference between fleeing and eluding under K.S.A. 2019 Supp. 8-1568[b][1] and [b][2] because subsection [b][1] criminalizes "dangerous driving" while subsection [b][2] criminalizes "evading capture").”
United States v. McConnell, 605 F.3d 822 (10th Cir. 2010). · cites it 11× “y fail or refuse, while operating a motor vehicle, to bring the vehicle to a stop, or did otherwise flee or attempt to elude a pursuing police vehicle, having been given visual or audible signals to do so by a uniformed police officer, and in the course of such police pursuit…”
State v. Davis, 474 P.3d 722 (Kan. 2020). · cites it 5× “Under K.S.A. 2019 Supp. 8-1568(b)(2), the crime occurs when the driver subjectively intends to avoid capture for a felony.”
State v. Castleberry, 339 P.3d 795 (Kan. 2014). · cites it 7× “8-1568 and states, in relevant part: “(a)(1) Any driver of a motor vehicle who willfully fails or refuses to bring such driver’s vehicle to a stop for a pursuing police vehicle or police bicycle, when given visual or audible signal to bring the vehicle to a stop, shall be guilty…”
State v. Parker, 430 P.3d 975 (Kan. 2018). · cites it 7× “This is sufficient evidence for a rational fact-finder to find Parker guilty beyond a reasonable doubt under K.S.A. 2017 Supp. 8-1568. SENTENCING Parker's last issue is whether the district court erred in using his prior convictions to increase his sentence without requesting…”
State v. Berkstresser, 520 P.3d 718 (Kan. 2022). · cites it 8× “14 Consistent with Vargas, we remand this case to the district court with directions to enter an amended journal entry reflecting Berkstresser's K.S.A. 2017 Supp. 8-1568 convictions merged, making a single conviction for fleeing or attempting to elude an officer.”
State v. Richardson, 224 P.3d 553 (Kan. 2010). · cites it 6× “On July 25, 2005, the State of Kansas filed an information charging Richardson with one count of felony eluding a police officer, K.S.A. 8-1568, one count of misdemeanor reckless driving, K.”
United States v. Gaines, 918 F.3d 793 (10th Cir. 2019). · cites it 3× “See Kan. Stat. Ann. § 8-1568 (a)(1), (d); State v.”
State v. Thompson, 166 P.3d 1015 (Kan. 2007). · cites it 2× “K.S.A. 8-1568 (fleeing and eluding). Similarly, in State v.”
State v. Russell, 622 P.2d 658 (Kan. 1981). · cites it 9× “21-3411); (2) fleeing or attempting to elude a police officer (K.S.A. 8-1568); and (3) driving while under influence of intoxicating liquor or drugs (K.”
State v. Vargas, 492 P.3d 412 (Kan. 2021). · cites it 5× “3d 722 (2020) (distinguishing elements of K.S.A. 2019 Supp. 8-1568[b][1] [dangerous driving while fleeing from an officer in pursuit, which creates an immediate public danger] from K.”
Show all 102 citing cases →
— K.S.A. § 8-1568(a) — 17 cases
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009).
State v. Berkstresser, 520 P.3d 718 (Kan. 2022). “14 Consistent with Vargas, we remand this case to the district court with directions to enter an amended journal entry reflecting Berkstresser's K.S.A. 2017 Supp. 8-1568 convictions merged, making a single conviction for fleeing or attempting to elude an officer.”
State v. Parker, 430 P.3d 975 (Kan. 2018). “This is sufficient evidence for a rational fact-finder to find Parker guilty beyond a reasonable doubt under K.S.A. 2017 Supp. 8-1568. SENTENCING Parker's last issue is whether the district court erred in using his prior convictions to increase his sentence without requesting…”
State v. Castleberry, 293 P.3d 757 (Kan. Ct. App. 2013).
State v. Taylor, 939 P.2d 904 (Kan. 1997).
— K.S.A. § 8-1568(a)(1) — 6 cases
State v. Parker, 430 P.3d 975 (Kan. 2018). “This is sufficient evidence for a rational fact-finder to find Parker guilty beyond a reasonable doubt under K.S.A. 2017 Supp. 8-1568. SENTENCING Parker's last issue is whether the district court erred in using his prior convictions to increase his sentence without requesting…”
State v. Berkstresser, 520 P.3d 718 (Kan. 2022). “14 Consistent with Vargas, we remand this case to the district court with directions to enter an amended journal entry reflecting Berkstresser's K.S.A. 2017 Supp. 8-1568 convictions merged, making a single conviction for fleeing or attempting to elude an officer.”
State v. Elliott (Kan. Ct. App. 2022).
State v. Simmons (Kan. Ct. App. 2020).
State v. Palermo (Kan. Ct. App. 2021).
— K.S.A. § 8-1568(a)(1)(B) — 1 case
State v. Shaffer (Kan. Ct. App. 2026).
— K.S.A. § 8-1568(a)(2) — 2 cases
State v. Mora, 509 P.3d 1201 (Kan. 2022).
State v. Berkstresser (Kan. Ct. App. 2021).
— K.S.A. § 8-1568(a)(3) — 1 case
State v. Elliott (Kan. Ct. App. 2022).
— K.S.A. § 8-1568(b) — 16 cases
State v. Hudgins, 346 P.3d 1062 (Kan. 2015).
State v. Lovett (Kan. Ct. App. 2020).
State v. Beeney, 114 P.3d 996 (Kan. Ct. App. 2005).
State v. Richardson, 194 P.3d 599 (Kan. Ct. App. 2008).
State v. Berkstresser (Kan. Ct. App. 2021).
— K.S.A. § 8-1568(b)(1) — 11 cases
State v. Davis, 474 P.3d 722 (Kan. 2020). “Under K.S.A. 2019 Supp. 8-1568(b)(2), the crime occurs when the driver subjectively intends to avoid capture for a felony.”
State v. Jordan, 537 P.3d 443 (Kan. 2023). “at 266 (finding material difference between fleeing and eluding under K.S.A. 2019 Supp. 8-1568[b][1] and [b][2] because subsection [b][1] criminalizes "dangerous driving" while subsection [b][2] criminalizes "evading capture").”
Est. of Holmes v. Somers, 387 F. Supp. 3d 1233 (D. Kan. 2019).
State v. Ervin, 566 P.3d 481 (Kan. 2025).
State v. Vargas, 492 P.3d 412 (Kan. 2021). “3d 722 (2020) (distinguishing elements of K.S.A. 2019 Supp. 8-1568[b][1] [dangerous driving while fleeing from an officer in pursuit, which creates an immediate public danger] from K.”
— K.S.A. § 8-1568(b)(1)(B) — 1 case
State v. Gallegos (Kan. Ct. App. 2025).
— K.S.A. § 8-1568(b)(1)(C) — 16 cases
State v. Berkstresser, 520 P.3d 718 (Kan. 2022). “14 Consistent with Vargas, we remand this case to the district court with directions to enter an amended journal entry reflecting Berkstresser's K.S.A. 2017 Supp. 8-1568 convictions merged, making a single conviction for fleeing or attempting to elude an officer.”
State v. Jordan, 537 P.3d 443 (Kan. 2023). “at 266 (finding material difference between fleeing and eluding under K.S.A. 2019 Supp. 8-1568[b][1] and [b][2] because subsection [b][1] criminalizes "dangerous driving" while subsection [b][2] criminalizes "evading capture").”
State v. Vargas, 492 P.3d 412 (Kan. 2021). “3d 722 (2020) (distinguishing elements of K.S.A. 2019 Supp. 8-1568[b][1] [dangerous driving while fleeing from an officer in pursuit, which creates an immediate public danger] from K.”
State v. Castleberry, 293 P.3d 757 (Kan. Ct. App. 2013).
State v. Ervin, 566 P.3d 481 (Kan. 2025).
— K.S.A. § 8-1568(b)(1)(D) — 5 cases
State v. Jordan, 537 P.3d 443 (Kan. 2023). “at 266 (finding material difference between fleeing and eluding under K.S.A. 2019 Supp. 8-1568[b][1] and [b][2] because subsection [b][1] criminalizes "dangerous driving" while subsection [b][2] criminalizes "evading capture").”
State v. Cameron, 56 P.3d 309 (Kan. Ct. App. 2002).
Hudgins v. State (Kan. Ct. App. 2026).
State v. Wetter (Kan. Ct. App. 2022).
State v. George (Kan. Ct. App. 2026).
— K.S.A. § 8-1568(b)(1)(E) — 18 cases
– State v. Jenkins –, 455 P.3d 779 (Kan. 2020). “In the first instruction—pertaining to the pickup pursuit—the district judge instructed the jury about four possible options within a means by which Jenkins may have committed felony fleeing and eluding: driving around a tire deflating device placed by a police officer (K.S.A.…”
State v. Castleberry, 339 P.3d 795 (Kan. 2014). “8-1568 and states, in relevant part: “(a)(1) Any driver of a motor vehicle who willfully fails or refuses to bring such driver’s vehicle to a stop for a pursuing police vehicle or police bicycle, when given visual or audible signal to bring the vehicle to a stop, shall be guilty…”
State v. Berkstresser, 520 P.3d 718 (Kan. 2022). “14 Consistent with Vargas, we remand this case to the district court with directions to enter an amended journal entry reflecting Berkstresser's K.S.A. 2017 Supp. 8-1568 convictions merged, making a single conviction for fleeing or attempting to elude an officer.”
State v. Vargas, 492 P.3d 412 (Kan. 2021). “3d 722 (2020) (distinguishing elements of K.S.A. 2019 Supp. 8-1568[b][1] [dangerous driving while fleeing from an officer in pursuit, which creates an immediate public danger] from K.”
State v. Richardson, 194 P.3d 599 (Kan. Ct. App. 2008).
— K.S.A. § 8-1568(b)(2) — 6 cases
State v. Jordan, 537 P.3d 443 (Kan. 2023). “at 266 (finding material difference between fleeing and eluding under K.S.A. 2019 Supp. 8-1568[b][1] and [b][2] because subsection [b][1] criminalizes "dangerous driving" while subsection [b][2] criminalizes "evading capture").”
State v. Davis, 474 P.3d 722 (Kan. 2020). “Under K.S.A. 2019 Supp. 8-1568(b)(2), the crime occurs when the driver subjectively intends to avoid capture for a felony.”
State v. Carter, 57 P.3d 825 (Kan. Ct. App. 2002).
Est. of Holmes v. Somers, 387 F. Supp. 3d 1233 (D. Kan. 2019).
– State v. Jenkins –, 455 P.3d 779 (Kan. 2020). “In the first instruction—pertaining to the pickup pursuit—the district judge instructed the jury about four possible options within a means by which Jenkins may have committed felony fleeing and eluding: driving around a tire deflating device placed by a police officer (K.S.A.…”
— K.S.A. § 8-1568(b)(3) — 1 case
State v. Shaffer (Kan. Ct. App. 2026).
— K.S.A. § 8-1568(b)(l) — 1 case
State v. Castleberry, 339 P.3d 795 (Kan. 2014). “8-1568 and states, in relevant part: “(a)(1) Any driver of a motor vehicle who willfully fails or refuses to bring such driver’s vehicle to a stop for a pursuing police vehicle or police bicycle, when given visual or audible signal to bring the vehicle to a stop, shall be guilty…”
— K.S.A. § 8-1568(b)(l)(C) — 2 cases
State v. Castleberry, 339 P.3d 795 (Kan. 2014). “8-1568 and states, in relevant part: “(a)(1) Any driver of a motor vehicle who willfully fails or refuses to bring such driver’s vehicle to a stop for a pursuing police vehicle or police bicycle, when given visual or audible signal to bring the vehicle to a stop, shall be guilty…”
State v. Dobbs (Kan. Ct. App. 2026).
— K.S.A. § 8-1568(b)(l)(D) — 2 cases
State v. Castleberry, 339 P.3d 795 (Kan. 2014). “8-1568 and states, in relevant part: “(a)(1) Any driver of a motor vehicle who willfully fails or refuses to bring such driver’s vehicle to a stop for a pursuing police vehicle or police bicycle, when given visual or audible signal to bring the vehicle to a stop, shall be guilty…”
State v. Cameron, 56 P.3d 309 (Kan. Ct. App. 2002).
— K.S.A. § 8-1568(c) — 1 case
State v. Alvis (Kan. Ct. App. 2021).
— K.S.A. § 8-1568(c)(2) — 4 cases
State v. Stotts (Kan. Ct. App. 2026).
Univ. of Kansas Hosp. Auth. v. Bd. of Franklin Cnty. Comm'rs (Kan. Ct. App. 2020).
State v. Gaskill (Kan. Ct. App. 2022).
State v. Ross (Kan. Ct. App. 2024).
— K.S.A. § 8-1568(c)(4) — 2 cases
State v. Richardson, 224 P.3d 553 (Kan. 2010). “On July 25, 2005, the State of Kansas filed an information charging Richardson with one count of felony eluding a police officer, K.S.A. 8-1568, one count of misdemeanor reckless driving, K.”
State v. Carter, 57 P.3d 825 (Kan. Ct. App. 2002).
— K.S.A. § 8-1568(c)(l) — 1 case
State v. Richardson, 224 P.3d 553 (Kan. 2010). “On July 25, 2005, the State of Kansas filed an information charging Richardson with one count of felony eluding a police officer, K.S.A. 8-1568, one count of misdemeanor reckless driving, K.”
— K.S.A. § 8-1568(d) — 1 case
State v. Parker, 430 P.3d 975 (Kan. 2018). “This is sufficient evidence for a rational fact-finder to find Parker guilty beyond a reasonable doubt under K.S.A. 2017 Supp. 8-1568. SENTENCING Parker's last issue is whether the district court erred in using his prior convictions to increase his sentence without requesting…”
— K.S.A. § 8-1568(d)(l)(D) — 1 case
State v. Cameron, 56 P.3d 309 (Kan. Ct. App. 2002).
— K.S.A. § 8-1568(e)(2) — 1 case
State v. Parker, 430 P.3d 975 (Kan. 2018). “This is sufficient evidence for a rational fact-finder to find Parker guilty beyond a reasonable doubt under K.S.A. 2017 Supp. 8-1568. SENTENCING Parker's last issue is whether the district court erred in using his prior convictions to increase his sentence without requesting…”
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