(1) A person is guilty of fleeing or evading police in the second degree when:
(a) As a pedestrian, and with intent to elude or flee the person knowingly or
wantonly disobeys a direction to stop given by a person recognized to be a
peace officer who has an articulable reasonable suspicion that a crime has
been committed by the person fleeing, and in fleeing or eluding the person is
the cause of physical injury to any person; or
(b) While operating a motor vehicle with intent to elude or flee, the person
knowingly or wantonly disobeys a recognized direction to stop his or her
vehicle, given by a person recognized to be a peace officer.
(2) No offense is committed under this section when the conduct involved constitutes a
failure to comply with a directive of a traffic control officer.
(3) Fleeing or evading police in the second degree is a Class D 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. 48, effective July 15, 2024. -- Amended
2002 Ky. Acts ch. 350, sec. 8, effective July 15, 2002. -- Amended 1998 Ky. Acts
ch. 606, sec. 162, effective July 15, 1998. -- Created 1974 Ky. Acts ch. 406, sec. 178,
effective January 1, 1975.
Notes of Decisions
Cited in
19
cases (
12 in the last 5 years), 2002–2026 · leading case:
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003).
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003).
· cites it 13× “[10] However, the former KRS 520.100, [11] which was functionally the same as the current KRS 520.”
Lawson v. Commonwealth, 85 S.W.3d 571 (Ky. 2002).
· cites it 4× “[6] Appellant alleges that the trial court erred when it failed to instruct the jury as to the lesser-included misdemeanor offense of Second-Degree Fleeing or Evading Police defined at KRS 520.100(1): A person is guilty of fleeing or evading police in the second degree when,…”
McCleery v. Commonwealth, 410 S.W.3d 597 (Ky. 2013).
“095(1)(a)4 with KRS 520.100(1)(b). Nevertheless, the analysis under both parts of the complicity statute is the same in this case.”
Chatman v. Commonwealth, 565 S.W.3d 161 (Ky. Ct. App. 2018).
“The underlying facts of this case are not at issue and were set out in detail by a separate panel of this Court in Chatman v.”
Donald Melton v. Commonwealth of Kentucky (Ky. Ct. App. 2025).
· cites it 2× “These elements largely mirror those for second-degree fleeing or evading under KRS 520.100 which are pertinent to flight by motor vehicle.”
Junel Methelus v. Markwayne Mullin, et al. (E.D. Ky. 2026).
· cites it 2× “410(1); (2) fleeing or evading police, 2nd degree (motor vehicle) in violation of KRS § 520.100; (3) failure to produce insurance card pursuant to KRS § 304.”
Commonwealth of Kentucky v. Kenneth Lamont Boone, Jr. (Ky. 2022).
“4 KRS 520.100. 5 KRS 511.020. 6 The statute mentions lesser-included offenses also can consist of attempts to commit the offenses charged or otherwise included, lesser kinds of culpability sufficient to establish their commission, or differences in a less serious injury or risk…”
— Ky. Rev. Stat. § 520.100(1) — 1 case
Lawson v. Commonwealth, 85 S.W.3d 571 (Ky. 2002).
“[6] Appellant alleges that the trial court erred when it failed to instruct the jury as to the lesser-included misdemeanor offense of Second-Degree Fleeing or Evading Police defined at KRS 520.100(1): A person is guilty of fleeing or evading police in the second degree when,…”
— Ky. Rev. Stat. § 520.100(1)(a) — 3 cases
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003).
“[10] However, the former KRS 520.100, [11] which was functionally the same as the current KRS 520.”
— Ky. Rev. Stat. § 520.100(1)(b) — 2 cases
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003).
“[10] However, the former KRS 520.100, [11] which was functionally the same as the current KRS 520.”
McCleery v. Commonwealth, 410 S.W.3d 597 (Ky. 2013).
“095(1)(a)4 with KRS 520.100(1)(b). Nevertheless, the analysis under both parts of the complicity statute is the same in this case.”
— Ky. Rev. Stat. § 520.100(l)(a) — 2 cases
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003).
“[10] However, the former KRS 520.100, [11] which was functionally the same as the current KRS 520.”
— Ky. Rev. Stat. § 520.100(l)(b) — 1 case
Bell v. Commonwealth, 122 S.W.3d 490 (Ky. 2003).
“[10] However, the former KRS 520.100, [11] which was functionally the same as the current KRS 520.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.