§ 3733. Fleeing or attempting to elude police officer.
(a) Offense defined.--Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle
to a stop, or who otherwise flees or attempts to elude a pursuing police officer,
when given a visual and audible signal to bring the vehicle to a stop, commits an
offense as graded in subsection (a.2).
(a.1) Disposition of fines, etc.--The fines imposed and collected under subsection (a) shall not be subject to 42 Pa.C.S.
§ 3733 (relating to deposits into account). The fines imposed and collected under
subsection (a) shall be distributed in the manner provided in 42 Pa.C.S. § 3571(b)(2)
and (3) (relating to Commonwealth portion of fines, etc.).
(a.2) Grading.--
(1) Except as provided in paragraph (2), an offense under subsection (a) constitutes a
misdemeanor of the second degree. Any driver upon conviction shall pay an additional
fine of $500. This fine shall be in addition to and not in lieu of all other fines,
court expenses, jail sentences or penalties.
(2) An offense under subsection (a) constitutes a felony of the third degree if the driver
while fleeing or attempting to elude a police officer does any of the following:
(i) commits a violation of section 3802 (relating to driving under influence of alcohol
or controlled substance);
(ii) crosses a State line; or
(iii) endangers a law enforcement officer or member of the general public due to the driver
engaging in a high-speed chase.
(b) Signal by police officer.--The signal given by the police officer may be by hand, voice, emergency lights or
siren.
(c) Defenses.--
(1) It is a defense to a prosecution under this section that the pursuing police officer's
vehicle was not clearly identifiable by its markings or, if unmarked, was not occupied
by a police officer who was in uniform and displaying a badge or other sign of authority.
(2) It is a defense to prosecution under this section if the defendant can show by a preponderance
of the evidence that the failure to stop immediately for a police officer's vehicle
was based upon a good faith concern for personal safety. In determining whether the
defendant has met this burden, the court may consider the following factors:
(i) The time and location of the event.
(ii) The type of police vehicle used by the police officer.
(iii) The defendant's conduct while being followed by the police officer.
(iv) Whether the defendant stopped at the first available reasonably lighted or populated
area.
(v) Any other factor considered relevant by the court.
(Dec. 27, 1994, P.L.1337, No.154, eff. 180 days; June 26, 2001, P.L.734, No.75, eff.
60 days; July 10, 2006, P.L.1086, No.113, eff. 60 days)
2006 Amendment. Act 113 amended subsec. (a) and added subsec. (a.2). Act 113 overlooked the amendment
by Act 75 of 2001, but the amendments do not conflict in substance and have both been
given effect in setting forth the text of subsec. (a).
2001 Amendment. Act 75 amended subsecs. (a) and (c).
1994 Amendment. See section 5 of Act 154 in the appendix to this title for special provisions relating
to appropriation of fines.
Cross References. Section 3733 is referred to in sections 1508, 1532 of this title; section 5104.3 of
Title 18 (Crimes and Offenses).
Notes of Decisions
Cited in
226
cases (
51 in the last 5 years), 1980–2026 · leading case:
Commonwealth v. Wise, 171 A.3d 784 (Pa. Super. Ct. 2017).
Commonwealth v. Wise, 171 A.3d 784 (Pa. Super. Ct. 2017).
· cites it 9× “Appellant’s first issue concerns the phrasing of 75 Pa.C.S. § 3733, Fleeing or Eluding a Police Officer, which provides as follows: (a) Offense defined.”
Commonwealth v. Kimmel, 125 A.3d 1272 (Pa. Super. Ct. 2015).
· cites it 8× “75 Pa.C.S. § 3733(a.2)(l). When the fleeing occurs while driving under the influence, however, it is graded as a third-degree felony (“F3”).”
Commonwealth v. Ede, 949 A.2d 926 (Pa. Super. Ct. 2008).
· cites it 14× “¶ 11 The dissent offers a cogent analysis of the legislative histories of these sections to conclude that the legislature intended for Section 3733's stricter punishment to apply over Section 6503's limitations. As the dissent observes, in 1994, the General Assembly amended…”
Commonwealth v. Weber, 189 A.3d 1016 (Pa. Super. Ct. 2018).
· cites it 14× “: Appellant, Kaelin Thomas Ant Weber, appeals from the judgment of sentence of 9-18 months' incarceration and a consecutive term of 3 years' probation, imposed following his conviction for fleeing or attempting to elude police (hereafter, "fleeing or eluding police"), 75 Pa.C.S.…”
Berkemer v. McCarty, 468 U.S. 420 (1984).
· cites it 2× “348 (1) (1983); 75 Pa. Cons. Stat. § 3733 (a) (1977); Wash.”
United States v. Mekail Jones, 740 F.3d 127 (3rd Cir. 2014).
· cites it 6× “) This prior conviction was for a second degree misdemeanor charge of “Fleeing or Attempting to Elude [a] Police Officer” under Pennsylvania law, 75 Pa. Cons.Stat. § 3733. The relevant language of the statute is as follows: Offense defined.”
Jackson Ndungu v. Attorney Gen. United States, 126 F.4th 150 (3rd Cir. 2025).
· cites it 9× “He pleaded nolo contendere in 2014 and 2019 to separate charges of felony fleeing or attempting to elude law enforcement, and those each resulted in convictions under 75 Pa. Cons. Stat. § 3733 (a.2)(2). Also, in between those two convictions, in December 2016, Ndungu was…”
Commonwealth v. Miller, 35 A.3d 1206 (Pa. 2012).
· cites it 2× “NOTES [1] Respectively 75 Pa.C.S. §§ 3733, 3745, 3736. [2] Respectively, 18 Pa.”
Com. v. Hobel, S., 275 A.3d 1049 (Pa. Super. Ct. 2022).
· cites it 2× “§§ 2706(a)(1), 2902(a)(1), 2705 and 75 Pa.C.S. § 3733(a). The case was docketed at Lawrence County Docket Number 196-2017 (823 WDA 2021).”
John Mazuka v. Rice Twp. Police Departmen, 655 F. App'x 892 (3rd Cir. 2016).
· cites it 3× “Martine arrested Ma-zuka for fleeing and eluding under 75 Pa. Cons. Stat. Ann. § 3733(a), and also charged him with several traffic violations.”
Commonwealth v. Schmidt, 165 A.3d 1002 (Pa. Super. Ct. 2017).
“Appellant’s fleeing or eluding conviction was graded as third-degree felony, see 75 Pa.C.S. § 3733(a.2)(2)(i), thus carrying a statutory maximum term of seven years' incarceration, see 18 Pa.”
Com. v. Rankin, J., 235 A.3d 373 (Pa. Super. Ct. 2020).
· cites it 3× “J-A05005-20 The trial court summarized the facts adduced at Appellant’s trial and procedural history of this case, as follows: On or about June 5, 2017, Appellant was charged at [CP-02-CR- 0010860-2017] with one count of Fleeing or Attempting to Elude Police, in violation of 75…”
— 75 Pa. Cons. Stat. § 3733(A) — 1 case
— 75 Pa. Cons. Stat. § 3733(a) — 134 cases
Com. v. Hobel, S., 275 A.3d 1049 (Pa. Super. Ct. 2022).
“§§ 2706(a)(1), 2902(a)(1), 2705 and 75 Pa.C.S. § 3733(a). The case was docketed at Lawrence County Docket Number 196-2017 (823 WDA 2021).”
Commonwealth v. Kimmel, 125 A.3d 1272 (Pa. Super. Ct. 2015).
“75 Pa.C.S. § 3733(a.2)(l). When the fleeing occurs while driving under the influence, however, it is graded as a third-degree felony (“F3”).”
Commonwealth v. Ede, 949 A.2d 926 (Pa. Super. Ct. 2008).
“¶ 11 The dissent offers a cogent analysis of the legislative histories of these sections to conclude that the legislature intended for Section 3733's stricter punishment to apply over Section 6503's limitations. As the dissent observes, in 1994, the General Assembly amended…”
United States v. Mekail Jones, 740 F.3d 127 (3rd Cir. 2014).
“) This prior conviction was for a second degree misdemeanor charge of “Fleeing or Attempting to Elude [a] Police Officer” under Pennsylvania law, 75 Pa. Cons.Stat. § 3733. The relevant language of the statute is as follows: Offense defined.”
— 75 Pa. Cons. Stat. § 3733(a)(1) — 1 case
United States v. Mekail Jones, 740 F.3d 127 (3rd Cir. 2014).
“) This prior conviction was for a second degree misdemeanor charge of “Fleeing or Attempting to Elude [a] Police Officer” under Pennsylvania law, 75 Pa. Cons.Stat. § 3733. The relevant language of the statute is as follows: Offense defined.”
— 75 Pa. Cons. Stat. § 3733(b) — 2 cases
— 75 Pa. Cons. Stat. § 3733(c) — 5 cases
Commonwealth v. Weber, 189 A.3d 1016 (Pa. Super. Ct. 2018).
“: Appellant, Kaelin Thomas Ant Weber, appeals from the judgment of sentence of 9-18 months' incarceration and a consecutive term of 3 years' probation, imposed following his conviction for fleeing or attempting to elude police (hereafter, "fleeing or eluding police"), 75 Pa.C.S.…”
John Mazuka v. Rice Twp. Police Departmen, 655 F. App'x 892 (3rd Cir. 2016).
“Martine arrested Ma-zuka for fleeing and eluding under 75 Pa. Cons. Stat. Ann. § 3733(a), and also charged him with several traffic violations.”
Com. v. Rankin, J., 235 A.3d 373 (Pa. Super. Ct. 2020).
“J-A05005-20 The trial court summarized the facts adduced at Appellant’s trial and procedural history of this case, as follows: On or about June 5, 2017, Appellant was charged at [CP-02-CR- 0010860-2017] with one count of Fleeing or Attempting to Elude Police, in violation of 75…”
— 75 Pa. Cons. Stat. § 3733(c)(1) — 2 cases
— 75 Pa. Cons. Stat. § 3733(c)(2) — 4 cases
Commonwealth v. Weber, 189 A.3d 1016 (Pa. Super. Ct. 2018).
“: Appellant, Kaelin Thomas Ant Weber, appeals from the judgment of sentence of 9-18 months' incarceration and a consecutive term of 3 years' probation, imposed following his conviction for fleeing or attempting to elude police (hereafter, "fleeing or eluding police"), 75 Pa.C.S.…”
— 75 Pa. Cons. Stat. § 3733(e) — 1 case
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