Utah Code
Utah Code § 76-8-305.5 (2026)
Failure to stop at the command of a peace officer
✓ current as of May 2026
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Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
An actor commits failure to stop at the command of a peace officer if, after the peace officer has issued a verbal or visual command to stop, the actor flees from or otherwise attempts to elude a peace officer:
for the purpose of avoiding arrest; and
by any means other than a violation of Section 41-6a-210 regarding failure to stop a vehicle at the command of a law enforcement officer.
A violation of Subsection (2) is a class A misdemeanor.
Notes of Decisions
Cited in 13
cases (4 in the last 5 years), 2011–2025 · leading case: Salt Lake City v. Gallegos, 2015 UT App 78 (Utah Ct. App. 2015).
Salt Lake City v. Gallegos, 2015 UT App 78 (Utah Ct. App. 2015). “See Utah Code Ann. § 76-8-305.5 (LexisNexis 2012).”
State v. King, 2017 UT App 43 (Utah Ct. App. 2017). “§ 76-8-305.5. Primarily, he contends that his trial counsel was constitutionally ineffective for failing to introduce expert testimony regarding the reliability of eyewitness identification.”
Sykes v. United States, 180 L. Ed. 2d 60 (2011). “04 (West 2011); Utah Code Ann. § 76-8-305.5 (Lexis 2008).”
State v. Nelson, 2024 UT App 75 (Utah Ct. App. 2024). “See Utah Code § 76-8-305.5(2) (2021). The elements of that offense required the State to prove Nelson (1) fled from or otherwise attempted to elude a peace officer (2) after the officer “issued a verbal or visual command to stop,” (3) “for the purpose of avoiding arrest.”
State v. Young, 2015 UT App 286 (Utah Ct. App. 2015). “Although there is no case directly on point regarding section 76-8-305.5(8), Utah cases have interpreted similar provisions of other criminal statutes and held that those provisions do not require the State to disprove the defendant's commission of the act or acts the statutory…”
State v. Sanchez, 2020 UT App 158 (Utah Ct. App. 2020). “” See Utah Code Ann. § 76-8-305.5 (LexisNexis Supp.”
State v. White, 2011 UT App 162 (Utah Ct. App. 2011). “§ 76-8-305.5 (2008). White now appeals the assault conviction.”
State v. Lucero, 2012 UT App 202 (Utah Ct. App. 2012). “*969 § 76-8-305.5, and interference with an arresting officer, see id.”
State v. Alvarado, 2023 UT App 123 (Utah Ct. App. 2023). “§ 76-8-305.5. ¶6 In April 2021, a jury trial was held, during which the two officers testified to the facts as set forth above.”
In re L.R.C., 2016 UT App 51 (Utah Ct. App. 2016). “was adjudicated delinquent in juvenile court for failure to stop at police command, a class A misdemeanor if committed by an adult, see Utah Code Ann. § 76-8-305.5 (LexisNexis 2012); possession of drug paraphernalia, a class B misdemeanor if committed by an adult, see id.”
State v. Clegg, 2025 UT App 61 (Utah Ct. App. 2025). “” Utah Code § 76-8-305.5(2). 6 ¶16 The third element is the only one at issue in this appeal, and it functions as the intent element for this offense.”
Jesse Ryan Hackett, s/k/a Jessi Ryan Hackett v. Commonwealth of Virginia (Va. Ct. App. 2023). “”); Utah Code Ann. § 76-8-305.5 (“A person is guilty of a class A misdemeanor who flees from or otherwise attempts to elude a peace officer: (1) after the officer has issued a verbal or visual command to stop; (2) for the purpose of avoiding arrest .”
— Utah Code § 76-8-305.5(2) — 2 cases
State v. Nelson, 2024 UT App 75 (Utah Ct. App. 2024). “See Utah Code § 76-8-305.5(2) (2021). The elements of that offense required the State to prove Nelson (1) fled from or otherwise attempted to elude a peace officer (2) after the officer “issued a verbal or visual command to stop,” (3) “for the purpose of avoiding arrest.”
State v. Clegg, 2025 UT App 61 (Utah Ct. App. 2025). “” Utah Code § 76-8-305.5(2). 6 ¶16 The third element is the only one at issue in this appeal, and it functions as the intent element for this offense.”
— Utah Code § 76-8-305.5(8) — 1 case
State v. Young, 2015 UT App 286 (Utah Ct. App. 2015). “Although there is no case directly on point regarding section 76-8-305.5(8), Utah cases have interpreted similar provisions of other criminal statutes and held that those provisions do not require the State to disprove the defendant's commission of the act or acts the statutory…”
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