Revised Code of Washington

Wash. Rev. Code § 46.61.024 (2026)

✓ current as of May 2026
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(1) Any driver of a motor vehicle who willfully fails or refuses to immediately bring his or her vehicle to a stop and who drives his or her vehicle in a reckless manner while attempting to elude a pursuing police vehicle, after being given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a class C felony. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such a signal shall be in uniform and the vehicle shall be equipped with lights and sirens.
(2) It is an affirmative defense to this section which must be established by a preponderance of the evidence that: (a) A reasonable person would not believe that the signal to stop was given by a police officer; and (b) driving after the signal to stop was reasonable under the circumstances.
(3) The license or permit to drive or any nonresident driving privilege of a person convicted of a violation of this section shall be revoked by the department of licensing.
[ 2010 c 8 s 9065; 2003 c 101 s 1; 1983 c 80 s 1; 1982 1st ex.s. c 47 s 25; 1979 ex.s. c 75 s 1.]

Notes:

Severability1982 1st ex.s. c 47: See note following RCW 9.41.190.
Notes of Decisions
Cited in 192 cases (29 in the last 5 years), 1981–2025 · leading case: United States v. Jennings, 515 F.3d 980 (9th Cir. 2008).
United States v. Jennings, 515 F.3d 980 (9th Cir. 2008). · cites it 33× “Attempting to Elude a Pursuing Police Vehicle Under our binding precedent, Jennings' conviction for attempting to elude a pursuing police vehicle under Wash. Rev.Code § 46.61.024 is not cate-gorically a violent felony.”
State v. Thomas, 743 P.2d 816 (Wash. 1987). · cites it 20× “Thomas said that she only remembers seeing bright white lights, but did not think it was the police because their lights are blue and red. She testified that she was "blitzed" and incoherent.”
State v. Malone, 724 P.2d 364 (Wash. 1986). · cites it 40× “We hold that the statute can apply when an officer drives a plainly marked police vehicle and activates his lights and siren during a chase in Washington even if the officer has no authority, other than as a private citizen, to make an arrest in this state.”
State v. Taylor, 649 P.2d 633 (Wash. 1982). · cites it 11× “Was felony flight (RCW 46.61.024) decriminalized by RCW 46.63.”
Brosseau v. Haugen, 543 U.S. 194 (2004). · cites it 2× “" Wash. Rev. Code § 46.61.024 (1994). By so pleading, he admitted that he drove his Jeep in a manner indicating "a wanton or wilful disregard for the lives .”
State v. Pittman, 341 P.3d 1024 (Wash. Ct. App. 2015). · cites it 17× “502(l)(c) and attempting to elude a police vehicle in violation of RCW 46.61.024(1). 1 On the eluding charge, the information stated that Leldon Roy Pittman .”
State v. Parker, 683 P.2d 189 (Wash. 1984). · cites it 10× “On May 28, 1980, at approximately 11:30 p.m., two marked Seattle police cars, with activated emergency signals, began pursuing Patrick Olin Parker through the streets of Seattle.”
State v. Hoffman, 804 P.2d 577 (Wash. 1991). · cites it 4× “[73] RCW 46.61.024. [74] RCW 9A.36.031(1)(a). [75] State v.”
State v. Brett, 892 P.2d 29 (Wash. 1995). · cites it 4× “Without the Sherman instruction the jury may well have thought that the objective indication of wanton or willful disregard created by her driving established Thomas' guilt and, therefore, the jury may never have considered the subjective component of RCW 46.61.024 [the felony…”
State v. Sherman, 653 P.2d 612 (Wash. 1982). · cites it 7× “Lawrence Sherman was convicted by a jury of violating RCW 46.61.024, the felony flight statute.”
State v. Ridgley, 174 P.3d 105 (Wash. Ct. App. 2007). · cites it 9× “¶ 17 Before its 2003 revision, in which "reckless manner" replaced the "wanton or willful" standard, the first sentence of RCW 46.61.024 stated: Any driver of a motor vehicle who wilfully fails or refuses to immediately bring his vehicle to a stop and who drives his vehicle in a…”
State v. Ridgley, 141 Wash. App. 771 (Wash. Ct. App. 2007). · cites it 9× “¶17 Before its 2003 revision, in which “reckless manner” replaced the “wanton or willful” standard, the first sentence of RCW 46.61.024 stated: Any driver of a motor vehicle who wilfully fails or refuses to immediately bring his vehicle to a stop and who drives his vehicle in a…”
— Wash. Rev. Code § 46.61.024(1) — 80 cases
State v. Pittman, 341 P.3d 1024 (Wash. Ct. App. 2015). “502(l)(c) and attempting to elude a police vehicle in violation of RCW 46.61.024(1). 1 On the eluding charge, the information stated that Leldon Roy Pittman .”
State v. Ridgley, 174 P.3d 105 (Wash. Ct. App. 2007). “¶ 17 Before its 2003 revision, in which "reckless manner" replaced the "wanton or willful" standard, the first sentence of RCW 46.61.024 stated: Any driver of a motor vehicle who wilfully fails or refuses to immediately bring his vehicle to a stop and who drives his vehicle in a…”
State v. Ridgley, 141 Wash. App. 771 (Wash. Ct. App. 2007). “¶17 Before its 2003 revision, in which “reckless manner” replaced the “wanton or willful” standard, the first sentence of RCW 46.61.024 stated: Any driver of a motor vehicle who wilfully fails or refuses to immediately bring his vehicle to a stop and who drives his vehicle in a…”
United States v. Roseboro, 551 F.3d 226 (4th Cir. 2009).
State v. Flora, 160 Wash. App. 549 (Wash. Ct. App. 2011).
— Wash. Rev. Code § 46.61.024(2) — 10 cases
State v. Flora, 160 Wash. App. 549 (Wash. Ct. App. 2011).
State v. Flora, 249 P.3d 188 (Wash. Ct. App. 2011).
State v. Perez, 269 P.3d 372 (Wash. Ct. App. 2012).
John v. Berry, 469 F. Supp. 2d 922 (W.D. Wash. 2006).
— Wash. Rev. Code § 46.61.024(3) — 2 cases
City of Redmond v. Bagby, 117 P.3d 1126 (Wash. 2005).
State Of Washington, V. E.c.v. (Wash. Ct. App. 2022).
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