Okla. Stat. » Title 21 — CRIMES AND PUNISHMENTS
Oklahoma Statutes

Okla. Stat. tit. 21, § 540A (2026)

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✓ current as of July 2026
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OS 21-540Av1 (HB 1993, Laws 2025, c. 224, 1) OS 21-540Av2 (HB 2104, Laws 2025, c. 486, § 192)

Notes of Decisions
Cited in 25 cases (6 in the last 5 years), 1976–2025 · leading case: Smith v. City of Stillwater, 2014 OK 42 (Okla. 2014).
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Smith v. City of Stillwater, 2014 OK 42 (Okla. 2014). · cites it 2× “Title 21 O.S. §540A(A) provides, in pertinent part: [a]ny operator of a motor vehicle who has received a visual and audible signal, a red light and a siren from a peace officer driving a motor vehicle showing the same to be an official police, sheriff, highway patrol or state…”
Franks v. State, 636 P.2d 361 (Okla. Crim. App. 1981). · cites it 3× “115, § 1; see also 21 O.S.Supp. 1980, § 540A. [3] Instruction No.”
Mascorro v. Billings, 656 F.3d 1198 (10th Cir. 2011). “The officers also argue their entry was justified because Joshua eluded an officer in violation of Okla. Stat. Ann. tit. 21, § 540A. However, the Mascorros claim Billings did not have probable cause to arrest Joshua for eluding a police officer because while Billings may have…”
Vanderpool v. State, 2018 OK CR 39 (Okla. Crim. App. 2018). “2014, § 1283 ) After Two or More Felony Convictions; and Eluding a Police Officer (misdemeanor) (Count 3) ( 21 O.S.2011, § 540A ) in District Court of Tulsa County Case Number CF-2016-1376.”
McGaughey v. State, 2001 OK CR 33 (Okla. Crim. App. 2001). “8 (Count II); and Eluding a Police Officer, under 21 O.S.1991, § 540A (Count III). McGaughey was sentenced to 5 years imprisonment on Count I, 1 year imprisonment on Count II, and 6 months imprisonment on Count III, to be served concurrently with each other but consecutive with…”
State Ex Rel. Oklahoma Dep't of Pub. Saf. v. Gurich, 2010 OK 56 (Okla. 2010). “2001 §§ 11-103 and 11-405, and if they attempt to allude, commit a crime under 21 O.S.2001 § 540A. Additionally, section 540A(C) addresses the issue of accidents caused by violators who attempt to allude pursuit by law enforcement; in cases where such accidents result in great…”
Lefthand v. City of Okmulgee, 1998 OK 97 (Okla. 1998). “Okla. Stat. tit. 21, § 540A(A) (1991 & Supps.”
Aldridge v. State, 674 P.2d 553 (Okla. Crim. App. 1984). “In her first assignment of error, the appellant alleges that the trial court erred in failing to sustain her demurrer to the evidence because the State failed to prove an essential element of its case under 21 O.S.1981, § 540A, which states, in pertinent part, that: Any operator…”
Evans v. State, 546 P.2d 284 (Okla. Crim. App. 1976). “CRM-74-681, for the offense of Attempting to Elude a Police Officer, in violation of 21 O.S.1971, § 540A. The jury fixed his punishment at ninety (90) days’ imprisonment in the county jail and a fine of One Thousand-Dollars ($1,000.”
State Ex Rel. Oklahoma Dep't of Pub. Saf. v. Ryan, 591 P.2d 1187 (Okla. Civ. App. 1978). “The officers can also legally exceed the speed limit so long as life or property is not endangered. 47 O.S.1971 § ll-106(b)3.”
Kellog v. State, 762 P.2d 993 (Okla. Crim. App. 1988). · cites it 2× “Additionally, game rangers are empowered to arrest for the misdemeanor of eluding a game ranger under 21 O.S.1981, § 540A. Spotlighting deer is a misdemeanor under 29 O.”
United States v. Ruiz (10th Cir. 2024). · cites it 10× “Ruiz argues that the district court erred by holding itself bound to impose the 1-year mandatory minimum sentence contained in Oklahoma’s criminal statute, and that the court, therefore, committed reversible sentencing error.”
Show all 25 citing cases →
— Okla. Stat. tit. 21, § 540A(A) — 5 cases
Smith v. City of Stillwater, 2014 OK 42 (Okla. 2014). “Title 21 O.S. §540A(A) provides, in pertinent part: [a]ny operator of a motor vehicle who has received a visual and audible signal, a red light and a siren from a peace officer driving a motor vehicle showing the same to be an official police, sheriff, highway patrol or state…”
Lefthand v. City of Okmulgee, 1998 OK 97 (Okla. 1998). “Okla. Stat. tit. 21, § 540A(A) (1991 & Supps.”
United States v. McFarland (10th Cir. 2018).
Smith v. Rankins (E.D. Okla. 2023).
United States v. Graves (10th Cir. 2025).
— Okla. Stat. tit. 21, § 540A(B) — 3 cases
United States v. Ruiz (10th Cir. 2024). “Ruiz argues that the district court erred by holding itself bound to impose the 1-year mandatory minimum sentence contained in Oklahoma’s criminal statute, and that the court, therefore, committed reversible sentencing error.”
United States v. Perry (10th Cir. 2018).
Douglas v. Farris (10th Cir. 2018).
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