Ky. Rev. Stat. » Chapter 520
Kentucky Revised Statutes

Ky. Rev. Stat. § 520.095 (2026)

Fleeing or evading police in the first degree

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(1) A person is guilty of fleeing or evading police in the first degree: (a) When, while operating a motor vehicle with intent to elude or flee, the person knowingly or wantonly disobeys a direction to stop his or her motor vehicle, given by a person recognized to be a police officer, and at least one (1) of the following conditions exists: 1. The person is fleeing immediately after committing an act of domestic violence as defined in KRS 403.720; 2. The person is driving under the influence of alcohol or any other substance or combination of substances in violation of KRS 189A.010; 3. The person is driving while his or her driver's license is suspended for violating KRS 189A.010; or 4. By fleeing or eluding, the person is the cause, or creates substantial risk, of serious physical injury or death to any person or property; or (b) When, as a pedestrian, and with intent to elude or flee, the person knowingly or wantonly disobeys an order to stop, given by a person recognized to be a peace officer, and at least one (1) of the following conditions exists: 1. The person is fleeing immediately after committing an act of domestic violence as defined in KRS 403.720; or 2. By fleeing or eluding, the person is the cause of serious physical injury or death to any person or property. (2) Fleeing or evading police in the first degree is a Class C felony and the defendant shall not be released on probation, shock probation, conditional discharge, or parole until he or she has served at least fifty percent (50%) of the sentence imposed. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 47, effective July 15, 2024. -- Created 1998 Ky. Acts ch. 606, sec. 161, effective July 15, 1998.

Notes of Decisions
Cited in 45 cases (25 in the last 5 years), 2002–2026 · leading case: Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003).
Sort: Relevance Newest Treatment
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). · cites it 52× “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
Lawson v. Commonwealth, 85 S.W.3d 571 (Ky. 2002). · cites it 10× “2002) (hereinafter, "Cooper"), although the "within 12 months before the finding of the indictment herein" language in Paragraph (A) of the trial court's instruction differs from the specimen instruction and, more important, appears unnecessary because First-Degree Fleeing or…”
McCleery v. Commonwealth, 410 S.W.3d 597 (Ky. 2013). · cites it 4× “Though there are several ways to commit first-degree fleeing or evading, see KRS 520.095, McCleery and his co-defendant were prosecuted under the theory that they “cause[d], or create[d] a substantial risk of, serious physical injury or death to any person or property.”
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009). · cites it 2× “"); Ky.Rev.Stat. Ann. § 520.095(1)(a) ("When, while operating a motor vehicle with intent to elude or flee, the person knowingly or wantonly disobeys a direction to stop his or her motor vehicle.”
Crain v. Commonwealth, 257 S.W.3d 924 (Ky. 2008). · cites it 5× “Compare KRS 520.095, with 520.100. Appellant was charged with the fourth aggravating factor: by fleeing or eluding, the person is the cause, or creates substantial risk, of serious physical injury or death to any person or property.”
Wright v. Commonwealth, 391 S.W.3d 743 (Ky. 2012). · cites it 2× “095, a person is guilty of fleeing or evading in the first degree “[w]hen, as a pedestrian, and with the intent to elude or flee, the person knowingly or wantonly disobeys an order to stop, given by a person recognized to be a peace officer, and .”
Foley v. Commonwealth, 233 S.W.3d 734 (Ky. Ct. App. 2007). · cites it 5× “KRS 520.095 provides for the elements of first-degree fleeing or evading police.”
Tallman v. Elizabethtown Police Dep't, 167 F. App'x 459 (6th Cir. 2006). “Ky. Rev. Stat. Ann. § 520.095 . Because the crime involved fleeing from law enforcement, the severity of the crime was great.”
Brown v. Commonwealth, 297 S.W.3d 557 (Ky. 2009). “KRS 520.095(1). The provision under which Appellant was convicted of second-degree wanton endangerment requires: “wantonly engaging] in conduct which creates a substantial danger of physical injury to another person.”
Commonwealth v. Stephenson, 82 S.W.3d 876 (Ky. 2002). “KRS 520.095. 2 . KRS 189A.010. 3 . KRS 189A.”
Nelson v. Riddle, 217 F. App'x 456 (6th Cir. 2007). “2 Ky. Rev. Stat. Ann. § 520.095 (West 1998) entitled, “Fleeing or evading police in the first degree,” states that: -3- stopping the vehicle was “[i]nitially for a license plate violation,” and “[s]econdly for reckless driving, fleeing or evading police, and DUI suspicion.”
Joseph Franklin v. Commonwealth of Kentucky (Ky. 2024). · cites it 10× “Specifically, as KRS 520.095 requires that a defendant disobey an order to stop and the creation of a substantial risk, Franklin describes the chase as all the same event.”
Show all 45 citing cases →
— Ky. Rev. Stat. § 520.095(1) — 4 cases
Lawson v. Commonwealth, 85 S.W.3d 571 (Ky. 2002). “2002) (hereinafter, "Cooper"), although the "within 12 months before the finding of the indictment herein" language in Paragraph (A) of the trial court's instruction differs from the specimen instruction and, more important, appears unnecessary because First-Degree Fleeing or…”
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
Brown v. Commonwealth, 297 S.W.3d 557 (Ky. 2009). “KRS 520.095(1). The provision under which Appellant was convicted of second-degree wanton endangerment requires: “wantonly engaging] in conduct which creates a substantial danger of physical injury to another person.”
Tirrell Barbour v. Commonwealth of Kentucky (Ky. Ct. App. 2020).
— Ky. Rev. Stat. § 520.095(1)(a) — 11 cases
McCleery v. Commonwealth, 410 S.W.3d 597 (Ky. 2013). “Though there are several ways to commit first-degree fleeing or evading, see KRS 520.095, McCleery and his co-defendant were prosecuted under the theory that they “cause[d], or create[d] a substantial risk of, serious physical injury or death to any person or property.”
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009). “"); Ky.Rev.Stat. Ann. § 520.095(1)(a) ("When, while operating a motor vehicle with intent to elude or flee, the person knowingly or wantonly disobeys a direction to stop his or her motor vehicle.”
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
Donald Melton v. Commonwealth of Kentucky (Ky. Ct. App. 2025).
Jimmy R. Baldwin v. Commonwealth of Kentucky (Ky. 2021).
— Ky. Rev. Stat. § 520.095(1)(a)(1) — 1 case
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
— Ky. Rev. Stat. § 520.095(1)(a)(2) — 1 case
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
— Ky. Rev. Stat. § 520.095(1)(a)(3) — 1 case
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
— Ky. Rev. Stat. § 520.095(1)(a)(4) — 3 cases
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
Lawson v. Commonwealth, 85 S.W.3d 571 (Ky. 2002). “2002) (hereinafter, "Cooper"), although the "within 12 months before the finding of the indictment herein" language in Paragraph (A) of the trial court's instruction differs from the specimen instruction and, more important, appears unnecessary because First-Degree Fleeing or…”
James Steven Coyle v. Commonwealth of Kentucky (Ky. 2025).
— Ky. Rev. Stat. § 520.095(1)(b) — 6 cases
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
Joseph Franklin v. Commonwealth of Kentucky (Ky. 2024). “Specifically, as KRS 520.095 requires that a defendant disobey an order to stop and the creation of a substantial risk, Franklin describes the chase as all the same event.”
Virgil Lee Evans, Jr. v. Commonwealth of Kentucky (Ky. 2025).
Lavonte Grace v. Commonwealth of Kentucky (Ky. Ct. App. 2022).
Luis O Garcia Martinez v. Commonwealth of Kentucky (Ky. Ct. App. 2022).
— Ky. Rev. Stat. § 520.095(1)(b)(1) — 1 case
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
— Ky. Rev. Stat. § 520.095(1)(b)(2) — 2 cases
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
Joseph Franklin v. Commonwealth of Kentucky (Ky. 2024). “Specifically, as KRS 520.095 requires that a defendant disobey an order to stop and the creation of a substantial risk, Franklin describes the chase as all the same event.”
— Ky. Rev. Stat. § 520.095(2) — 2 cases
Joseph Franklin v. Commonwealth of Kentucky (Ky. 2024). “Specifically, as KRS 520.095 requires that a defendant disobey an order to stop and the creation of a substantial risk, Franklin describes the chase as all the same event.”
Mark Shannon v. Commonwealth of Kentucky (Ky. 2026).
— Ky. Rev. Stat. § 520.095(a)(1) — 1 case
Lawson v. Commonwealth, 85 S.W.3d 571 (Ky. 2002). “2002) (hereinafter, "Cooper"), although the "within 12 months before the finding of the indictment herein" language in Paragraph (A) of the trial court's instruction differs from the specimen instruction and, more important, appears unnecessary because First-Degree Fleeing or…”
— Ky. Rev. Stat. § 520.095(a)(2) — 1 case
Scott Hurley v. Commonwealth of Kentucky (Ky. 2024).
— Ky. Rev. Stat. § 520.095(a)(4) — 3 cases
Crain v. Commonwealth, 257 S.W.3d 924 (Ky. 2008). “Compare KRS 520.095, with 520.100. Appellant was charged with the fourth aggravating factor: by fleeing or eluding, the person is the cause, or creates substantial risk, of serious physical injury or death to any person or property.”
Scott Hurley v. Commonwealth of Kentucky (Ky. 2024).
Lucian Ratliff v. Peabody Coal Co. , Et Al (Ky. 2008).
— Ky. Rev. Stat. § 520.095(l)(a) — 4 cases
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009). “"); Ky.Rev.Stat. Ann. § 520.095(1)(a) ("When, while operating a motor vehicle with intent to elude or flee, the person knowingly or wantonly disobeys a direction to stop his or her motor vehicle.”
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
Foley v. Commonwealth, 233 S.W.3d 734 (Ky. Ct. App. 2007). “KRS 520.095 provides for the elements of first-degree fleeing or evading police.”
Christopher Culver v. Commonwealth of Kentucky (Ky. 2019).
— Ky. Rev. Stat. § 520.095(l)(a)(2) — 1 case
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
— Ky. Rev. Stat. § 520.095(l)(a)(3) — 1 case
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
— Ky. Rev. Stat. § 520.095(l)(a)(4) — 3 cases
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
Lawson v. Commonwealth, 85 S.W.3d 571 (Ky. 2002). “2002) (hereinafter, "Cooper"), although the "within 12 months before the finding of the indictment herein" language in Paragraph (A) of the trial court's instruction differs from the specimen instruction and, more important, appears unnecessary because First-Degree Fleeing or…”
Michael Thornton v. Commonwealth of Kentucky (Ky. 2019).
— Ky. Rev. Stat. § 520.095(l)(a)(l) — 1 case
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
— Ky. Rev. Stat. § 520.095(l)(b) — 1 case
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
— Ky. Rev. Stat. § 520.095(l)(b)(2) — 2 cases
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
Keantay Hunter v. Commonwealth of Kentucky (Ky. 2019).
— Ky. Rev. Stat. § 520.095(l)(b)(l) — 1 case
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003). “] The indictment thus charged Appellant with violating the "pedestrian flight" provision of KRS 520.095: A person is guilty of fleeing or evading police in the first degree: .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.