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Oregon Revised Statutes

Or. Rev. Stat. § 811.540 (2026)

Fleeing or attempting to elude police officer; penalty

✓ current as of May 2026
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      811.540 Fleeing or attempting to elude police officer; penalty. (1) A person commits the crime of fleeing or attempting to elude a police officer if:

      (a) The person is operating a motor vehicle; and

      (b) A police officer who is in uniform and prominently displaying the police officer’s badge of office or operating a vehicle appropriately marked showing it to be an official police vehicle gives a visual or audible signal to bring the vehicle to a stop, including any signal by hand, voice, emergency light or siren, and either:

      (A) The person, while still in the vehicle, knowingly flees or attempts to elude a pursuing police officer; or

      (B) The person gets out of the vehicle and knowingly flees or attempts to elude the police officer.

      (2) It is an affirmative defense to a prosecution of a person under this section that, after a police officer operating a vehicle not marked as an official police vehicle signaled the person to bring the person’s vehicle to a stop, the person proceeded lawfully to an area the person reasonably believed was necessary to reach before stopping.

      (3) The offense described in this section, fleeing or attempting to elude a police officer, is applicable upon any premises open to the public and:

      (a) Is a Class C felony if committed as described in subsection (1)(b)(A) of this section; or

      (b) Is a Class A misdemeanor if committed as described in subsection (1)(b)(B) of this section. [1983 c.338 §664; 1991 c.655 §1; 1997 c.532 §1; 1997 c.860 §1]

PARKING, STOPPING AND STANDING

(Generally)

Notes of Decisions
Cited in 159 cases (66 in the last 5 years), 1988–2026 · leading case: State v. Rapp, 473 P.3d 1126 (Or. Ct. App. 2020).
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State v. Rapp, 473 P.3d 1126 (Or. Ct. App. 2020). · cites it 26× “) The state proposed jury instructions that included the definition of “knowingly” and that also tracked the wording of the charging instrument and ORS 811.540 (1)(b)(A) with respect to the crime of fleeing or attempting to elude a police officer: “In this case, to establish the…”
State v. Kurtz, 249 P.3d 1271 (Or. 2011). · cites it 7× “As a result, defendant was charged in Jefferson County Circuit Court with fleeing or attempting to elude a police officer, ORS 811.540, and resisting arrest by a peace officer, ORS 162.”
United States v. Snyder, 643 F.3d 694 (9th Cir. 2011). · cites it 10× “Finally, the district court held the May 9, 1999 conviction for felony attempt to elude the police ORS § 811.540(1) was not a predicate offence under ACCA.”
State v. Burnett, 60 P.3d 547 (Or. Ct. App. 2002). · cites it 11× “ORS 811.540. He contends that the trial court erred in denying his motion for arrest of judgment on the basis that the indictment was defective.”
State v. Gayman, 492 P.3d 130 (Or. Ct. App. 2021). · cites it 11× “Defendant appeals a judgment of conviction for fleeing or attempting to elude a police officer, ORS 811.540 (1)(b)(A). On appeal, defendant asserts (among other things) that the trial court plainly erred when it failed to enter a judgment of acquittal sua sponte.”
State v. Scott, 488 P.3d 803 (Or. Ct. App. 2021). · cites it 10× “In this criminal proceeding, a jury unanimously found defendant guilty of one count of fleeing or attempt- ing to elude a police officer, ORS 811.540, and one count of resisting arrest, ORS 162.”
State v. Rodgers, 227 P.3d 695 (Or. 2010). · cites it 2× “535 (failing to obey a police officer) and ORS 811.540 (fleeing or attempting to elude a police officer), and to interact with the officer, see ORS 807.”
State v. Reed, 299 P.3d 574 (Or. Ct. App. 2013). · cites it 8× “135, four counts of felony fleeing or attempting to elude a police officer, ORS 811.540, and one count of reckless driving, ORS 811.”
State v. Farnham, 341 Or. App. 787 (Or. Ct. App. 2025). · cites it 7× “411(5), upon a “conviction of fleeing or attempting to elude a police offi- cer under ORS 811.540,” a defendant’s driving privileges will be suspended for 90 days for a first offense.”
State v. Cave, 195 P.3d 446 (Or. Ct. App. 2008). · cites it 7× “ORS 811.540 provides, in part: “(1) A person commits the crime of fleeing or attempting to elude a police officer if: “(a) The person is operating a motor vehicle; and “(b) A police officer who is in uniform and prominently displaying the police officer’s badge of office or…”
State v. George, 330 P.3d 1239 (Or. Ct. App. 2014). · cites it 12× “On appeal, defendant reiterates that there was insufficient evidence to support his conviction for fleeing or attempting to elude a police officer because the state failed to prove that he drove evasively.”
State v. Dye, 540 P.3d 66 (Or. Ct. App. 2023). · cites it 5× “2 ORS 811.540 provides, in part: “(1) A person commits the crime of fleeing or attempting to elude a police officer if: “(a) The person is operating a motor vehicle; and “(b) A police officer who is in uniform and prominently displaying the police officer’s badge of office or…”
Show all 159 citing cases →
— Or. Rev. Stat. § 811.540(1) — 19 cases
State v. Rapp, 473 P.3d 1126 (Or. Ct. App. 2020). “) The state proposed jury instructions that included the definition of “knowingly” and that also tracked the wording of the charging instrument and ORS 811.540 (1)(b)(A) with respect to the crime of fleeing or attempting to elude a police officer: “In this case, to establish the…”
United States v. Snyder, 643 F.3d 694 (9th Cir. 2011). “Finally, the district court held the May 9, 1999 conviction for felony attempt to elude the police ORS § 811.540(1) was not a predicate offence under ACCA.”
State v. Hubbell, 500 P.3d 728 (Or. Ct. App. 2021).
State v. Scott, 488 P.3d 803 (Or. Ct. App. 2021). “In this criminal proceeding, a jury unanimously found defendant guilty of one count of fleeing or attempt- ing to elude a police officer, ORS 811.540, and one count of resisting arrest, ORS 162.”
State v. Dye, 540 P.3d 66 (Or. Ct. App. 2023). “2 ORS 811.540 provides, in part: “(1) A person commits the crime of fleeing or attempting to elude a police officer if: “(a) The person is operating a motor vehicle; and “(b) A police officer who is in uniform and prominently displaying the police officer’s badge of office or…”
— Or. Rev. Stat. § 811.540(1)(B) — 1 case
State v. Castrejon-Ruiz, 188 P.3d 400 (Or. Ct. App. 2008).
— Or. Rev. Stat. § 811.540(1)(a) — 2 cases
State v. Farnham, 341 Or. App. 787 (Or. Ct. App. 2025). “411(5), upon a “conviction of fleeing or attempting to elude a police offi- cer under ORS 811.540,” a defendant’s driving privileges will be suspended for 90 days for a first offense.”
State v. Gayman, 492 P.3d 130 (Or. Ct. App. 2021). “Defendant appeals a judgment of conviction for fleeing or attempting to elude a police officer, ORS 811.540 (1)(b)(A). On appeal, defendant asserts (among other things) that the trial court plainly erred when it failed to enter a judgment of acquittal sua sponte.”
— Or. Rev. Stat. § 811.540(1)(b) — 3 cases
State v. Burnett, 60 P.3d 547 (Or. Ct. App. 2002). “ORS 811.540. He contends that the trial court erred in denying his motion for arrest of judgment on the basis that the indictment was defective.”
State v. Middleton, 459 P.3d 918 (Or. Ct. App. 2020).
State v. Albondante, 121 P.3d 1 (Or. Ct. App. 2005).
— Or. Rev. Stat. § 811.540(1)(b)(A) — 28 cases
State v. Rapp, 473 P.3d 1126 (Or. Ct. App. 2020). “) The state proposed jury instructions that included the definition of “knowingly” and that also tracked the wording of the charging instrument and ORS 811.540 (1)(b)(A) with respect to the crime of fleeing or attempting to elude a police officer: “In this case, to establish the…”
State v. Gayman, 492 P.3d 130 (Or. Ct. App. 2021). “Defendant appeals a judgment of conviction for fleeing or attempting to elude a police officer, ORS 811.540 (1)(b)(A). On appeal, defendant asserts (among other things) that the trial court plainly erred when it failed to enter a judgment of acquittal sua sponte.”
State v. Nyquist, 427 P.3d 1137 (Or. Ct. App. 2018).
State v. Dye, 540 P.3d 66 (Or. Ct. App. 2023). “2 ORS 811.540 provides, in part: “(1) A person commits the crime of fleeing or attempting to elude a police officer if: “(a) The person is operating a motor vehicle; and “(b) A police officer who is in uniform and prominently displaying the police officer’s badge of office or…”
State v. Smith, 481 P.3d 363 (Or. Ct. App. 2021).
— Or. Rev. Stat. § 811.540(1)(b)(B) — 6 cases
State v. Nyquist, 427 P.3d 1137 (Or. Ct. App. 2018).
State v. Dye, 540 P.3d 66 (Or. Ct. App. 2023). “2 ORS 811.540 provides, in part: “(1) A person commits the crime of fleeing or attempting to elude a police officer if: “(a) The person is operating a motor vehicle; and “(b) A police officer who is in uniform and prominently displaying the police officer’s badge of office or…”
State v. George, 330 P.3d 1239 (Or. Ct. App. 2014). “On appeal, defendant reiterates that there was insufficient evidence to support his conviction for fleeing or attempting to elude a police officer because the state failed to prove that he drove evasively.”
State v. Ctr., 499 P.3d 63 (Or. Ct. App. 2021).
State v. Schriner, 562 P.3d 296 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 811.540(2) — 1 case
State v. George, 330 P.3d 1239 (Or. Ct. App. 2014). “On appeal, defendant reiterates that there was insufficient evidence to support his conviction for fleeing or attempting to elude a police officer because the state failed to prove that he drove evasively.”
— Or. Rev. Stat. § 811.540(3) — 3 cases
State v. Farnham, 341 Or. App. 787 (Or. Ct. App. 2025). “411(5), upon a “conviction of fleeing or attempting to elude a police offi- cer under ORS 811.540,” a defendant’s driving privileges will be suspended for 90 days for a first offense.”
State v. Blair/Vanis, 14 P.3d 660 (Or. Ct. App. 2000).
State v. Scott, 488 P.3d 803 (Or. Ct. App. 2021). “In this criminal proceeding, a jury unanimously found defendant guilty of one count of fleeing or attempt- ing to elude a police officer, ORS 811.540, and one count of resisting arrest, ORS 162.”
— Or. Rev. Stat. § 811.540(3)(a) — 4 cases
State v. Farnham, 341 Or. App. 787 (Or. Ct. App. 2025). “411(5), upon a “conviction of fleeing or attempting to elude a police offi- cer under ORS 811.540,” a defendant’s driving privileges will be suspended for 90 days for a first offense.”
State v. Scott, 488 P.3d 803 (Or. Ct. App. 2021). “In this criminal proceeding, a jury unanimously found defendant guilty of one count of fleeing or attempt- ing to elude a police officer, ORS 811.540, and one count of resisting arrest, ORS 162.”
State v. Gayman, 492 P.3d 130 (Or. Ct. App. 2021). “Defendant appeals a judgment of conviction for fleeing or attempting to elude a police officer, ORS 811.540 (1)(b)(A). On appeal, defendant asserts (among other things) that the trial court plainly erred when it failed to enter a judgment of acquittal sua sponte.”
State v. George, 330 P.3d 1239 (Or. Ct. App. 2014). “On appeal, defendant reiterates that there was insufficient evidence to support his conviction for fleeing or attempting to elude a police officer because the state failed to prove that he drove evasively.”
— Or. Rev. Stat. § 811.540(l)(b) — 3 cases
State v. Anderson, 227 P.3d 192 (Or. Ct. App. 2010).
State v. Burnett, 60 P.3d 547 (Or. Ct. App. 2002). “ORS 811.540. He contends that the trial court erred in denying his motion for arrest of judgment on the basis that the indictment was defective.”
State v. Wise, 123 P.3d 370 (Or. Ct. App. 2005).
— Or. Rev. Stat. § 811.540(l)(b)(A) — 10 cases
State v. Snow, 94 P.3d 872 (Or. 2004).
State v. Enyeart, 340 P.3d 57 (Or. Ct. App. 2014).
State v. Ignacio Gutierrez, 106 P.3d 670 (Or. Ct. App. 2005).
State v. Sanders, 163 P.3d 607 (Or. 2007).
State v. Vierria, 379 P.3d 667 (Klamath Cty. Cir. Ct., O.R. 2016).
— Or. Rev. Stat. § 811.540(l)(b)(B) — 5 cases
State v. Cave, 195 P.3d 446 (Or. Ct. App. 2008). “ORS 811.540 provides, in part: “(1) A person commits the crime of fleeing or attempting to elude a police officer if: “(a) The person is operating a motor vehicle; and “(b) A police officer who is in uniform and prominently displaying the police officer’s badge of office or…”
State v. Reed, 299 P.3d 574 (Or. Ct. App. 2013). “135, four counts of felony fleeing or attempting to elude a police officer, ORS 811.540, and one count of reckless driving, ORS 811.”
State v. Sanders, 163 P.3d 607 (Or. 2007).
State v. Gilliland, 196 P.3d 13 (Or. Ct. App. 2008).
State v. Dumont, 34 P.3d 709 (Or. Ct. App. 2001).
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