Mississippi Code
Miss. Code Ann. § 97-9-72 (2026)
Fleeing or eluding a law enforcement officer in a motor vehicle; felonies; sanctions; defenses
✓ current as of July 2026
- (1) The driver of a motor vehicle who is given a visible or audible signal by a law enforcement officer by hand, voice, emergency light or siren directing the driver to bring his motor vehicle to a stop when such signal is given by a law enforcement officer acting in the lawful performance of duty who has a reasonable suspicion to believe that the driver in question has committed a crime, and who willfully fails to obey such direction shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) or imprisoned in the county jail for a term not to exceed six (6) months, or both.
- (2) Any person who is guilty of violating subsection (1) of this section by operating a motor vehicle in such a manner as to indicate a reckless or willful disregard for the safety of persons or property, or who so operates a motor vehicle in a manner manifesting extreme indifference to the value of human life, shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00), or by commitment to the custody of the Mississippi Department of Corrections for not more than ten (10) years, or both.
- (3) Any person who is guilty of violating subsection (1) of this section, which violation results in serious bodily injury of another, upon conviction, shall be committed to the custody of the Department of Corrections for not less than five (5) nor more than twenty (20) years of imprisonment.
- (4) Any person who is guilty of violating subsection (1) of this section, which violation results in the death of another, upon conviction, shall be committed to the custody of the Department of Corrections for not less than seven (7) nor more than forty (40) years.
- (5) It is a defense to prosecution under this section:
- (a) That the law enforcement officer was not in uniform or that no law enforcement vehicle used in the attempted stop was clearly marked as a law enforcement vehicle; or
- (b) That the driver proceeded in a safe manner to a reasonably near well-lit public place before stopping.
Laws, 2004, ch. 487, § 1, eff. 7/1/2004.
Amended by Laws, 2023, ch. 538, SB 2101,§ 1, eff. 7/1/2023.
Notes of Decisions
Cited in 26
cases (12 in the last 5 years), 2007–2026 · leading case: United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009).
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009). “487(1) (defining "flee[ing]" as "increas[ing] speed, extinguish[ing] motor vehicle headlights or taillights, refus[ing] to stop the vehicle, or us[ing] other means with intent to attempt to elude a peace officer following a signal given by any peace officer to the driver of a…”
Williams v. State, 126 So. 3d 85 (Miss. Ct. App. 2013). “] Miss.Code Ann. § 97-9-72(1) (Rev.2006). And under section 97-9-72(2): Any person who is guilty of violating subsection (1) of this section by operat *91 ing a motor vehicle in such a manner as to indicate a reckless or willful disregard for the safety of persons or property,…”
Vance Drummer v. State of Mississippi, 167 So. 3d 1180 (Miss. 2015). “Drummer was indicted for two counts of grand larceny and one count of attempted grand larceny in Lowndes County in 2009, but he was not brought to trial 1 See Miss. Code Ann. § 97-9-72 (2) (Rev. 2014).”
Keith Leon Johnson v. State of Mississippi, 228 So. 3d 933 (Miss. Ct. App. 2017). “Miss. Code Ann. § 97-9-72 (1) (Rev. 2014).”
James Christopher Skinner v. State of Mississippi, 270 So. 3d 1046 (Miss. Ct. App. 2018). “Mississippi Code Annotated section 99-19-83 provides as follows: Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different…”
Watts v. State, 78 So. 3d 901 (Miss. 2012). “” Miss.Code Ann. § 97-9-72(1) (Rev.2006). He avers in his brief that “the State did not elicit testimony from any officer concerning what if any crime Watts allegedly committed.”
Baxter v. State, 177 So. 3d 423 (Miss. 2014). “However, Baxter’s conviction is distinguishable, as he was found guilty of capital murder.”
Betts v. State, 10 So. 3d 519 (Miss. Ct. App. 2009). “Miss.Code Ann. § 97-9-72(1) and (2) (Rev.”
Bacon v. State, 950 So. 2d 250 (Miss. Ct. App. 2007). “Miss. Code Ann. § 97-9-72 (1); see Adams v.”
Williams v. State, 154 So. 3d 64 (Miss. Ct. App. 2014). “See Miss.Code Ann. § 97-9-72(4) (Rev. 2006). .”
Joseph Snow Schrotz v. State of Mississippi, 179 So. 3d 1200 (Miss. Ct. App. 2015). “Miss.Code Ann. §§ 97-9-72(2), 97-17-23(1) (Rev.”
West v. State, 969 So. 2d 147 (Miss. Ct. App. 2007). “…COUNTY. KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ., CONCUR. . Miss.Code Ann. § 97-9-72 (Rev.2006).”
— Miss. Code Ann. § 97-9-72(1) — 4 cases
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009). “487(1) (defining "flee[ing]" as "increas[ing] speed, extinguish[ing] motor vehicle headlights or taillights, refus[ing] to stop the vehicle, or us[ing] other means with intent to attempt to elude a peace officer following a signal given by any peace officer to the driver of a…”
Williams v. State, 126 So. 3d 85 (Miss. Ct. App. 2013). “] Miss.Code Ann. § 97-9-72(1) (Rev.2006). And under section 97-9-72(2): Any person who is guilty of violating subsection (1) of this section by operat *91 ing a motor vehicle in such a manner as to indicate a reckless or willful disregard for the safety of persons or property,…”
Watts v. State, 78 So. 3d 901 (Miss. 2012). “” Miss.Code Ann. § 97-9-72(1) (Rev.2006). He avers in his brief that “the State did not elicit testimony from any officer concerning what if any crime Watts allegedly committed.”
Betts v. State, 10 So. 3d 519 (Miss. Ct. App. 2009). “Miss.Code Ann. § 97-9-72(1) and (2) (Rev.”
— Miss. Code Ann. § 97-9-72(2) — 4 cases
Williams v. State, 126 So. 3d 85 (Miss. Ct. App. 2013). “] Miss.Code Ann. § 97-9-72(1) (Rev.2006). And under section 97-9-72(2): Any person who is guilty of violating subsection (1) of this section by operat *91 ing a motor vehicle in such a manner as to indicate a reckless or willful disregard for the safety of persons or property,…”
Vance Drummer v. State of Mississippi, 167 So. 3d 1180 (Miss. 2015). “Drummer was indicted for two counts of grand larceny and one count of attempted grand larceny in Lowndes County in 2009, but he was not brought to trial 1 See Miss. Code Ann. § 97-9-72 (2) (Rev. 2014).”
Joseph Snow Schrotz v. State of Mississippi, 179 So. 3d 1200 (Miss. Ct. App. 2015). “Miss.Code Ann. §§ 97-9-72(2), 97-17-23(1) (Rev.”
Bacon v. State, 950 So. 2d 250 (Miss. Ct. App. 2007). “Miss. Code Ann. § 97-9-72 (1); see Adams v.”
— Miss. Code Ann. § 97-9-72(4) — 2 cases
Baxter v. State, 177 So. 3d 423 (Miss. 2014). “However, Baxter’s conviction is distinguishable, as he was found guilty of capital murder.”
Williams v. State, 154 So. 3d 64 (Miss. Ct. App. 2014). “See Miss.Code Ann. § 97-9-72(4) (Rev. 2006). .”
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