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Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 5126 (2026)

  Flight to avoid apprehension, trial or punishment.

✓ current as of May 2026
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§ 5126.  Flight to avoid apprehension, trial or punishment.

(a)  Offense defined.--A person who willfully conceals himself or moves or travels within or outside this Commonwealth with the intent to avoid apprehension, trial or punishment commits a felony of the third degree when the crime which he has been charged with or has been convicted of is a felony and commits a misdemeanor of the second degree when the crime which he has been charged with or has been convicted of is a misdemeanor.

(b)  Exception.--Subsection (a) shall not apply to a person set at liberty by court order who fails to appear at the time or place specified in the order.

(May 31, 1990, P.L.219, No.47, eff. 60 days)

 

1990 Amendment.  Act 47 added section 5126.

Cross References.  Section 5126 is referred to in section 2303 of Title 44 (Law and Justice).

Notes of Decisions
Cited in 56 cases (27 in the last 5 years), 1994–2026 · leading case: Commonwealth v. Kelley, 136 A.3d 1007 (Pa. Super. Ct. 2016).
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Commonwealth v. Kelley, 136 A.3d 1007 (Pa. Super. Ct. 2016). “2 18 Pa.C.S. § 5126(a). 3 18 Pa.C.S. § 6301(a)(1)®.”
Commonwealth v. Stoppard, 103 A.3d 120 (Pa. Super. Ct. 2014). · cites it 5× “18 Pa.C.S. § 5126(a). Appellant argues that because the felony burglary charges were withdrawn after he was arrested, his flight and escape was from the misdemeanor charge of theft, not felony charges.”
Commonwealth v. Steffy, 36 A.3d 1109 (Pa. Super. Ct. 2012). “— A person who willfully conceals himself or moves or travels within or outside this Commonwealth with the intent to avoid apprehension, trial or punishment commits a felony of the third degree when the crime which he has been charged with or has been convicted of is a felony…”
Commonwealth v. Treece, 161 A.3d 992 (Pa. Super. Ct. 2017). · cites it 2× “18 Pa.C.S. § 5126(a). After the Commonwealth rested its case, Treece moved for judgment of acquittal on both charges asserting that elements of each offense had not been proven.”
Commonwealth v. Phillips, 129 A.3d 513 (Pa. Super. Ct. 2015). · cites it 3× “Phillips’ conviction for flight to avoid, apprehension, in viola- • tion of 18 Pa.C.S. § 5126, where the Commonwealth presented .”
Commonwealth v. Peterson, 683 A.2d 908 (Pa. Super. Ct. 1996). “18 Pa.C.S. § 5126(a) 2 . 18 Pa.C.S. § 5121(a) 3 .”
Commonwealth v. Soto, 650 A.2d 108 (Pa. Super. Ct. 1994). “18 Pa.C.S. § 5126(a). This charge was subsequently discharged.”
Com. v. Reed, J. (Pa. Super. Ct. 2025). · cites it 4× “Appellant raises the following issue on appeal: Whether 18 Pa.C.S. § 5126 requires a mens rea as it relates to knowledge of an underlying charge or warrant, and whether the evidence was insufficient to sustain a conviction for Flight to Avoid Apprehension where the Commonwealth…”
Com. v. Smith, L. (Pa. Super. Ct. 2016). · cites it 3× “1 18 Pa.C.S. § 5126(a). 2 18 Pa.C.S. § 4914(a).”
Com. v. Kramer, J. (Pa. Super. Ct. 2023). · cites it 3× “-4- J-S21040-23 Bronson held that 18 Pa.C.S. § 5126(a) does not require direct proof that a defendant know that he had an outstanding arrest warrant when he fled from police, only that the defendant fled from the police and that it was up to the factfinder to determine whether…”
Com. v. Vasquez, R. (Pa. Super. Ct. 2016). · cites it 2× “1 18 Pa.C.S. § 5126. J-S18027-16 called Vasquez into his courtroom and informed him of this fact.”
Com. v. Bronson, C. (Pa. Super. Ct. 2023). · cites it 2× “____________________________________________ 1 18 Pa.C.S. §§ 5126(a), 2705, 4914(a), 75 Pa.”
Show all 56 citing cases →
— 18 Pa. Cons. Stat. § 5126(2) — 1 case
Com. v. Roeting, D. (Pa. Super. Ct. 2024).
— 18 Pa. Cons. Stat. § 5126(a) — 46 cases
Commonwealth v. Kelley, 136 A.3d 1007 (Pa. Super. Ct. 2016). “2 18 Pa.C.S. § 5126(a). 3 18 Pa.C.S. § 6301(a)(1)®.”
Commonwealth v. Stoppard, 103 A.3d 120 (Pa. Super. Ct. 2014). “18 Pa.C.S. § 5126(a). Appellant argues that because the felony burglary charges were withdrawn after he was arrested, his flight and escape was from the misdemeanor charge of theft, not felony charges.”
Commonwealth v. Treece, 161 A.3d 992 (Pa. Super. Ct. 2017). “18 Pa.C.S. § 5126(a). After the Commonwealth rested its case, Treece moved for judgment of acquittal on both charges asserting that elements of each offense had not been proven.”
Commonwealth v. Peterson, 683 A.2d 908 (Pa. Super. Ct. 1996). “18 Pa.C.S. § 5126(a) 2 . 18 Pa.C.S. § 5121(a) 3 .”
Commonwealth v. Soto, 650 A.2d 108 (Pa. Super. Ct. 1994). “18 Pa.C.S. § 5126(a). This charge was subsequently discharged.”
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