2010 Tennessee Code
Title 39 - Criminal Offenses
Chapter 16 - Offenses Against Administration of Government
Part 6 - Obstruction of Justice
39-16-603 - Evading arrest.

39-16-603. Evading arrest.

(a)  (1)  Except as provided in subsection (b), it is unlawful for any person to intentionally 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)  A violation of subsection (a) is a Class A misdemeanor.

(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)  A violation of subsection (b) is a Class E felony unless the flight or attempt to elude creates a risk of death or injury to innocent bystanders or other third parties, in which case a violation of subsection (b) is a Class D felony.

     (4)  In addition to the penalty prescribed in this subsection (b), 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.

[Acts 1989, ch. 591, § 1; 1995, ch. 467, § 1.]  

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