Tennessee Code Annotated
Tenn. Code Ann. § 39-16-603 (2026)
Evading arrest
✓ current as of May 2026
- (a)
- (1) Except as provided in subsection (b), it is unlawful for any person to intentionally conceal themselves or flee by any means of locomotion from anyone the person knows to be a law enforcement officer if the person:
- (A) Knows the officer is attempting to arrest the person; or
- (B) Has been arrested.
- (2) It is a defense to prosecution under this subsection (a) that the attempted arrest was unlawful.
- (3) [Deleted by 2021 amendment.]
- (1) Except as provided in subsection (b), it is unlawful for any person to intentionally conceal themselves or flee by any means of locomotion from anyone the person knows to be a law enforcement officer if the person:
- (b)
- (1) It is unlawful for any person, while operating a motor vehicle on any street, road, alley or highway in this state, to intentionally flee or attempt to elude any law enforcement officer, after having received any signal from the officer to bring the vehicle to a stop.
- (2) It is a defense to prosecution under this subsection (b) that the attempted arrest was unlawful.
- (3) [Deleted by 2021 amendment.]
- (4) In addition to the penalty prescribed in subsection (d), the court shall order the suspension of the driver license of the person for a period of not less than six (6) months nor more than two (2) years. If the license is already suspended, at the time the order is issued, the suspension shall begin on the date the existing suspension ends. The court shall also confiscate the license being suspended and forward it to the department of safety along with a report of the license suspension. If the court is unable to take physical possession of the license, the court shall nevertheless forward the report to the department. The report shall include the complete name, address, birth date, eye color, sex, and driver license number, if known, of the person whose license has been suspended, and shall indicate the first and last day of the suspension period. If the person is the holder of a license from another state, the court shall not confiscate the license but shall notify the department, which shall notify the appropriate licensing officials in the other state. The court shall, however, suspend the person's nonresident driving privileges for the appropriate length of time.
- (c) In addition to the penalties prescribed in this section, the court shall order a person who commits evading arrest and, in doing so, recklessly damages government property, including, but not limited to, a law enforcement officer's uniform or motor vehicle, to pay restitution to the appropriate government agency for the value of any property damaged.
- (d)
- (1) A violation of subsection (a) is a Class A misdemeanor.
- (2)
- (A) A violation of subsection (b) is a Class E felony and shall be punished by confinement for not less than thirty (30) days.
- (B) If the flight or attempt to elude creates a risk of death or injury to innocent bystanders, pursuing law enforcement officers, or other third parties, a violation of subsection (b) is a Class D felony and shall be punished by confinement for not less than sixty (60) days.
- (3) A violation of subsection (a) or (b) that results in serious bodily injury to a law enforcement officer is a Class C felony.
- (4) A violation of subsection (a) or (b) that results in the death of a law enforcement officer is a Class A felony.
Amended by 2021 Tenn. Acts, ch. 278, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 278, s 1, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 584, s 1, eff. 7/1/2020.
Amended by 2016 Tenn. Acts, ch. 633, Secs.s 1, s 2 eff. 7/1/2016.
Acts 1989, ch. 591, § 1; 1995, ch. 467, § 1.
Notes of Decisions
Cited in 187
cases (32 in the last 5 years), 1995–2026 · leading case: State v. Cross, 362 S.W.3d 512 (Tenn. 2012).
State v. Cross, 362 S.W.3d 512 (Tenn. 2012). “Cross with evading arrest in violation of Tenn.Code Ann. § 39-16-603 (2006) and doing so in a manner that created a risk of death or injury to innocent bystanders or third parties.”
State v. Livingston, 197 S.W.3d 710 (Tenn. 2006). “fleefing] from or attempting] to elude Officer Jeremy Harrell after receiving] a signal from the officer to bring the vehicle to a stop in violation of Tennessee Code Annotated § 39-16-603, and against the peace and dignity of the State of Tennessee.”
State v. Walls, 62 S.W.3d 119 (Tenn. 2001). “” Tenn.Code Ann. § 39-16-603 (1997) (emphasis added).”
State v. Black, 924 S.W.2d 912 (Tenn. Crim. App. 1995). “Tennessee Code Annotated Section 39-16-603 (1991) provides: “It is unlawful for any person to intentionally flee from anyone the person knows to be a law enforcement officer and the person: Knows the officer is attempting to arrest the person.”
State v. Adams, 238 S.W.3d 313 (Tenn. Crim. App. 2005). “Tenn. Code Ann. § 39-16-603 . 6 . The trial court also sentenced the appellant to thirty (30) days on the attempt to resist arrest conviction, but because we have reversed that conviction, it is unnecessary to discuss the propriety of that sentence.”
State v. Russell, 10 S.W.3d 270 (Tenn. Crim. App. 1999). “]” Tenn. Code Ann. § 39-16-603 (a)(l)(A) (1997).”
State v. Lewis, 978 S.W.2d 558 (Tenn. Crim. App. 1997). “See T.C.A. § 39-16-603 (Supp. 1995). 4 . Officer Medina testified that he had to obtain a warrant prior to arresting Kelly "for a violation of the law that wasn't committed in my presence on a misdemeanor type.”
State v. Turner, 193 S.W.3d 522 (Tenn. 2006). “Tenn.Code Ann. § 39-16-603 (1997). 3 . Tenn.”
United States v. Doyle, 678 F.3d 429 (6th Cir. 2012). “I would therefore hold that Doyle's prior convictions under Tenn.Code Ann. § 39-16-603(b) do not constitute violent felonies and remand for resentencing without application of the Armed Career Criminal provision.”
State v. Baker, 966 S.W.2d 429 (Tenn. Crim. App. 1997). “inst Appellant for simple possession of a Schedule VI controlled substance in violation of Tennessee Code Annotated Section 39-17 — 418, possession of drug paraphernalia in violation of Tennessee Code Annotated Section 39-17-425, failure to stop at a stop sign in violation of…”
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009). “"); Tenn.Code Ann. § 39-16-603(b)(1) ("It is unlawful for any person, while operating a motor vehicle on any street, road, alley or highway in this state, to intentionally flee or attempt to elude any law enforcement officer, after having received any signal from such officer to…”
State of Tennessee v. William Charles Burgess, 532 S.W.3d 372 (Tenn. Crim. App. 2017). “We note that the legislature amended Code section 39-16-603 to include the word "conceal,” effective July 1, 2016.”
— Tenn. Code Ann. § 39-16-603(a) — 7 cases
State v. Lewis, 978 S.W.2d 558 (Tenn. Crim. App. 1997). “See T.C.A. § 39-16-603 (Supp. 1995). 4 . Officer Medina testified that he had to obtain a warrant prior to arresting Kelly "for a violation of the law that wasn't committed in my presence on a misdemeanor type.”
State v. Rosa (Tenn. Crim. App. 2010).
State v. Tyrone Sain (Tenn. Crim. App. 1998).
State of Tennessee v. Roy Daniel Mayo, II (Tenn. Crim. App. 2016).
State of Tennessee v. Garet Myers (Tenn. Crim. App. 2022).
— Tenn. Code Ann. § 39-16-603(a)(1) — 15 cases
State v. Livingston, 197 S.W.3d 710 (Tenn. 2006). “fleefing] from or attempting] to elude Officer Jeremy Harrell after receiving] a signal from the officer to bring the vehicle to a stop in violation of Tennessee Code Annotated § 39-16-603, and against the peace and dignity of the State of Tennessee.”
State of Tennessee v. Martinos Derring (Tenn. Crim. App. 2019).
State of Tennessee v. Deandre Bonds aka Israel El-Elyon (Tenn. Crim. App. 2018).
State of Tennessee v. Brandon D. Thomas (Tenn. Crim. App. 2009).
State of Tennessee v. Roy Daniel Mayo, II (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 39-16-603(a)(1)(3) — 1 case
State of Tennessee v. Gregory Mullins - Dissenting (Tenn. Crim. App. 2005).
— Tenn. Code Ann. § 39-16-603(a)(1)(A) — 9 cases
State of Tennessee v. Gregory Maurice Marlin (Tenn. Crim. App. 2017).
State of Tennessee v. Martinos Derring (Tenn. Crim. App. 2019).
State of Tennessee v. Joseph Marquis Jeffries (Tenn. Crim. App. 2019).
State of Tennessee v. Courtney Hunt-Guy, A/K/A Courtney Hunt (Tenn. Crim. App. 2010).
State of Tennessee v. Gregory Mullins - Dissenting (Tenn. Crim. App. 2005).
— Tenn. Code Ann. § 39-16-603(a)(2) — 3 cases
State of Tennessee v. Michael Smith (Tenn. Crim. App. 2014).
Baker v. Claiborne Cnty., Tennessee (E.D. Tenn. 2024).
State of Tennessee v. Travis Darnell Kendrick (Tenn. Crim. App. 2014).
— Tenn. Code Ann. § 39-16-603(a)(l) — 1 case
State v. Holbrooks, 983 S.W.2d 697 (Tenn. Crim. App. 1998).
— Tenn. Code Ann. § 39-16-603(b) — 14 cases
United States v. Doyle, 678 F.3d 429 (6th Cir. 2012). “I would therefore hold that Doyle's prior convictions under Tenn.Code Ann. § 39-16-603(b) do not constitute violent felonies and remand for resentencing without application of the Armed Career Criminal provision.”
State v. Adams, 238 S.W.3d 313 (Tenn. Crim. App. 2005). “Tenn. Code Ann. § 39-16-603 . 6 . The trial court also sentenced the appellant to thirty (30) days on the attempt to resist arrest conviction, but because we have reversed that conviction, it is unnecessary to discuss the propriety of that sentence.”
State of Tennessee v. Daniel W. Livingston (Tenn. Crim. App. 2005).
State of Tennessee v. Chimayne Lorreizn Talley (Tenn. Crim. App. 2019).
State of Tennessee v. Garet Myers (Tenn. Crim. App. 2022).
— Tenn. Code Ann. § 39-16-603(b)(1) — 47 cases
State of Tennessee v. Janet Michelle Stanfield, Tony Alan Winsett & Justin Bradley Stanfield, 554 S.W.3d 1 (Tenn. 2018).
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009). “"); Tenn.Code Ann. § 39-16-603(b)(1) ("It is unlawful for any person, while operating a motor vehicle on any street, road, alley or highway in this state, to intentionally flee or attempt to elude any law enforcement officer, after having received any signal from such officer to…”
United States v. Doyle, 678 F.3d 429 (6th Cir. 2012). “I would therefore hold that Doyle's prior convictions under Tenn.Code Ann. § 39-16-603(b) do not constitute violent felonies and remand for resentencing without application of the Armed Career Criminal provision.”
State of Tennessee v. Martinos Derring (Tenn. Crim. App. 2019).
State of Tennessee v. Travis Grover Richardson (Tenn. Crim. App. 2014).
— Tenn. Code Ann. § 39-16-603(b)(2) — 8 cases
State of Tennessee v. Martin Riley, III (Tenn. Crim. App. 2021).
State of Tennessee v. Garet Myers (Tenn. Crim. App. 2022).
State of Tennessee v. Darrin Bonner (Tenn. Crim. App. 2009).
State of Tennessee v. Jeffrey Lloyd Locke - M2021-01437-CCA-R3-CD (Tenn. Crim. App. 2022).
State of Tennessee v. Jeffrey Lloyd Locke (Tenn. Crim. App. 2022).
— Tenn. Code Ann. § 39-16-603(b)(3) — 21 cases
State v. Cross, 362 S.W.3d 512 (Tenn. 2012). “Cross with evading arrest in violation of Tenn.Code Ann. § 39-16-603 (2006) and doing so in a manner that created a risk of death or injury to innocent bystanders or third parties.”
State v. Turner, 193 S.W.3d 522 (Tenn. 2006). “Tenn.Code Ann. § 39-16-603 (1997). 3 . Tenn.”
State of Tennessee v. Lonnie L. Cross (Tenn. Crim. App. 2010).
Joe Billy Russell, Jr. v. State of Tennessee (Tenn. Crim. App. 2016).
Billy Joe Russell, Jr., AKA Joe Billy Russell, Jr., AKA Craig C. Scott v. State of Tennessee (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 39-16-603(b)(3)(A) — 1 case
State of Tennessee v. Brandon L. Holliday (Tenn. Crim. App. 2024).
— Tenn. Code Ann. § 39-16-603(b)(3)(B) — 5 cases
State of Tennessee v. Javonta Marquis Perkins (Tenn. Crim. App. 2016).
State of Tennessee v. Martinos Derring (Tenn. Crim. App. 2019).
State of Tennessee v. Sangria Venturia Baker, Jr. (Tenn. Crim. App. 2019).
State of Tennessee v. Garet Myers (Tenn. Crim. App. 2022).
State of Tennessee v. Hank Cooley, Jr. (Tenn. Crim. App. 2023).
— Tenn. Code Ann. § 39-16-603(b)(5) — 1 case
State of Tennessee v. Johnny C. Menifee (Tenn. Crim. App. 2006).
— Tenn. Code Ann. § 39-16-603(b)(l) — 3 cases
State v. Cross, 362 S.W.3d 512 (Tenn. 2012). “Cross with evading arrest in violation of Tenn.Code Ann. § 39-16-603 (2006) and doing so in a manner that created a risk of death or injury to innocent bystanders or third parties.”
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009). “"); Tenn.Code Ann. § 39-16-603(b)(1) ("It is unlawful for any person, while operating a motor vehicle on any street, road, alley or highway in this state, to intentionally flee or attempt to elude any law enforcement officer, after having received any signal from such officer to…”
United States v. Doyle, 678 F.3d 429 (6th Cir. 2012). “I would therefore hold that Doyle's prior convictions under Tenn.Code Ann. § 39-16-603(b) do not constitute violent felonies and remand for resentencing without application of the Armed Career Criminal provision.”
— Tenn. Code Ann. § 39-16-603(c) — 1 case
State v. Black, 924 S.W.2d 912 (Tenn. Crim. App. 1995). “Tennessee Code Annotated Section 39-16-603 (1991) provides: “It is unlawful for any person to intentionally flee from anyone the person knows to be a law enforcement officer and the person: Knows the officer is attempting to arrest the person.”
— Tenn. Code Ann. § 39-16-603(d)(2)(A) — 1 case
State of Tennessee v. Kerrington J'Kobe Lake (Tenn. Crim. App. 2025).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.