Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 5104.2 (2026)

Evading arrest or detention on foot.

✓ current as of May 2026

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§ 5104.2. Evading arrest or detention on foot.

(a) Offense defined.--A person commits an offense if the person knowingly and intentionally flees on foot from a public servant attempting to lawfully arrest or detain that person.

(b) Grading.--An offense under this section is:

(1) A felony of the third degree if a person flees or attempts to evade arrest or detention for an underlying offense that constitutes a felony or misdemeanor and another person suffers serious bodily injury as a direct result of a violation of this section.

(2) A felony of the second degree if a person flees or attempts to evade arrest or detention for an underlying offense that constitutes a felony or misdemeanor and another person suffers death as a direct result of a violation of this section.

(3) Except as provided under paragraph (1) or (2), a misdemeanor of the second degree if a person flees or attempts to evade arrest or detention for an underlying offense that constitutes a felony or misdemeanor.

(4) Except as provided under paragraph (1), (2) or (3), a summary offense.

(July 18, 2022, P.L.1620, No.95, eff. 60 days)

2022 Amendment. Act 95 added section 5104.2.

Cross References. Section 5104.2 is referred to in section 5104.3 of this title.

Notes of Decisions

Cited in 9 cases (8 in the last 5 years), 2014–2026 · leading case: Jesse Ryan Hackett, s/k/a Jessi Ryan Hackett v. Commonwealth of Virginia (Va. Ct. App. 2023).

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Jesse Ryan Hackett, s/k/a Jessi Ryan Hackett v. Commonwealth of Virginia (Va. Ct. App. 2023). “”); 18 Pa. Cons. Stat. § 5104.2 (a) (“A person commits an offense if the person knowingly and intentionally flees on foot from a public servant attempting to lawfully arrest or detain that person.”

Shields v. Wiegand (E.D. Pa. 2023). “§ 3802(d)(3) and resisting arrest in violation of 18 Pa. C.S. § 5104.2 Shields contends that the Commonwealth Defendants’ conduct constituted assault and battery as well as excessive force and illegal seizure of his person in violation of the Eighth Amendment’s Cruel and Unusual…”

Quintero v. Commonwealth of Pennsylvania (E.D. Pa. 2025). “§ 6105(a)(1); one count of Evading Arrest or Detention on Foot, in violation of 18 Pa.C.S. § 5104.2(a); and one count of Intentional Possession of a Controlled Substance By Person Not Registered, in violation of 35 1 P.”

Com. v. Lane, E. (Pa. Super. Ct. 2025). “2116(a) (stating “[n]o question will be considered unless it is stated in the statement of questions involved or is fairly suggested thereby”).”

Com. v. Sabousky, R. (Pa. Super. Ct. 2025). “1 18 Pa.C.S. §§ 5104.2(a) and 5503(a)(4), respectively.”

In the Int. of: D.J.., Appeal of: D.J. (Pa. Super. Ct. 2026). “Appellant also was adjudicated delinquent for evading arrest or detention on foot, 18 Pa.C.S. § 5104.2(a), but he has not challenged this adjudication on appeal.”

Com. v. Quarles, S. (Pa. Super. Ct. 2026). “§ 3928) and evading arrest or detention on foot (18 Pa.C.S. § 5104.2). The trial court imposed no further penalty at those counts.”

In the Int. of: D.S.V., Appeal of: D.S.V. (Pa. Super. Ct. 2026). “4 18 Pa.C.S. § 5104.2(a). J-S02044-26 Additionally, Appellant argues that 18 Pa.”

Com. v. Cuff, K. (Pa. Super. Ct. 2014). “” 18 Pa.C.S. § 5104.2 Running away, arguing with, or minor scuffling with police is insufficient.”

— 18 Pa. Cons. Stat. § 5104.2(a) — 4 cases

Com. v. Sabousky, R. (Pa. Super. Ct. 2025). “1 18 Pa.C.S. §§ 5104.2(a) and 5503(a)(4), respectively.”

In the Int. of: D.S.V., Appeal of: D.S.V. (Pa. Super. Ct. 2026). “4 18 Pa.C.S. § 5104.2(a). J-S02044-26 Additionally, Appellant argues that 18 Pa.”

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