OSCN Found Document:Eluding Peace Officer
Title 21. Crimes and Punishments

Oklahoma Statutes Citationized
  Title 21. Crimes and Punishments
    Chapter 19 - Other Crimes Against Public Justice
        Section 540A - Eluding Peace Officer
Cite as: 21 O.S. § 540A (OSCN 2026)


Multiple Amendments Enacted in the 2025 Legislative Session


Version 1 (Amended by Laws 2025, HB 1993, c. 224, § 1, eff. November 1, 2025)


A. Any operator of a motor vehicle who has received a visual and audible signal, a flashing red light, flashing red and blue lights, flashing blue and white lights, or any other combination of flashing red, blue, and white lights, and a siren from a peace officer driving a motor vehicle showing the same to be an official police, sheriff, highway patrol or state game ranger vehicle directing the operator to bring the vehicle to a stop and who willfully increases the speed or extinguishes the lights of the vehicle in an attempt to elude such peace officer, or willfully attempts in any other manner to elude the peace officer, or who does elude such peace officer, is guilty of a misdemeanor. The peace officer, while attempting to stop a violator of this section, may communicate a request for the assistance of other peace officers from any office, department or agency. Any peace officer within this state having knowledge of such request is authorized to render such assistance in stopping the violator and may effect an arrest under this section upon probable cause. Violation of this subsection shall constitute a misdemeanor and shall be punishable by not more than one (1) year imprisonment in the county jail, or by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment. A second or subsequent violation of this subsection shall be punishable by not more than one (1) year in the county jail, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.

B. Any person who violates the provisions of subsection A of this section in such manner as to endanger any other person shall be deemed guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not less than one (1) year nor more than five (5) years, or by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

C. 1. Any person who causes an accident, while eluding or attempting to elude an officer, resulting in great bodily injury to any other person while driving or operating a motor vehicle within this state and who is in violation of the provisions of subsection A of this section may be charged with a violation of the provisions of this subsection. Any person who is convicted of a violation of the provisions of this subsection shall be deemed guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than one (1) year and not more than five (5) years, and a fine of not more than Five Thousand Dollars ($5,000.00).

2. As used in this subsection, “great bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.


Version 2 (Amended by Laws 2025, HB 2104, c. 486, § 192, eff. January 1, 2026)


A. Any operator of a motor vehicle who has received a visual and audible signal, a red light and a siren from a peace officer driving a motor vehicle showing the same to be an official police, sheriff, highway patrol or state game ranger vehicle directing the operator to bring the vehicle to a stop and who willfully increases the speed or extinguishes the lights of the vehicle in an attempt to elude such peace officer, or willfully attempts in any other manner to elude the peace officer, or who does elude such peace officer, is guilty of a misdemeanor. The peace officer, while attempting to stop a violator of this section, may communicate a request for the assistance of other peace officers from any office, department or agency. Any peace officer within this state having knowledge of such request is authorized to render such assistance in stopping the violator and may effect an arrest under this section upon probable cause. Violation of this subsection shall constitute a misdemeanor and shall be punishable by not more than one (1) year imprisonment in the county jail or by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00) or by both such fine and imprisonment. A second or subsequent violation of this subsection shall be punishable by not more than one (1) year in the county jail or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or both such fine and imprisonment.

B. Any person who violates the provisions of subsection A of this section in such manner as to endanger any other person shall be deemed guilty of a Class C1 felony offense punishable by imprisonment as provided for in subsections B through E of Section 20L of this title, or by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

C. 1. Any person who causes an accident, while eluding or attempting to elude an officer, resulting in great bodily injury to any other person while driving or operating a motor vehicle within this state and who is in violation of the provisions of subsection A of this section may be charged with a violation of the provisions of this subsection. Any person who is convicted of a violation of the provisions of this subsection shall be deemed guilty of a Class C1 felony offense punishable by imprisonment as provided for in subsections B through E of Section 20L of this title, and a fine of not more than Five Thousand Dollars ($5,000.00).

2. As used in this subsection, “great bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

Historical Data


Laws 1965, HB 688, c. 52, § 1, emerg. eff. March 26, 1965; Amended by Laws 1980, HB 1690, c. 115, § 1, eff. October 1, 1980; Amended by Laws 1981, HB 1092, c. 104, § 1, eff. October 1, 1981; Amended by Laws 1991, SB 283, c. 81, § 1, emerg. eff. April 18, 1991; Amended by Laws 1991, HB 1619, c. 182, § 63, eff. September 1, 1991; Amended by Laws 1996, HB 2930, c. 110, § 1, eff. November 1, 1996; Amended by Laws 1997, HB 1213, c. 133, § 210 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, §§ 23-26, emerg. eff. June 19, 1998) (superseded document available); Amended by Laws 1999, 1st Extr. Sess., HB 1009, c. 5, § 118, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2000, SB 1383, c. 185, § 1, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2025, HB 1993, c. 224, § 1, eff. November 1, 2025 (superseded document available); Amended by Laws 2025, HB 2104, c. 486, § 192, eff. January 1, 2026 (superseded document available).

Citationizer© Summary of Documents Citing This Document
Cite Name Level
Oklahoma Court of Criminal Appeals Cases
 CiteNameLevel
 2001 OK CR 33, 37 P.3d 130, 72 OBJ 3431, MCGAUGHEY v. STATECited
 2018 OK CR 39, 434 P.3d 318, VANDERPOOL v. STATECited
 2019 OK CR 19, 449 P.3d 860, ALEXANDER v. STATECited
Oklahoma Supreme Court Cases
 CiteNameLevel
 2010 OK 56, 238 P.3d 1, STATE ex rel. OKLAHOMA DEPT. OF PUBLIC SAFETY v. GURICHCited
 2014 OK 42, 328 P.3d 1192, SMITH v. CITY OF STILLWATERCited
 2024 OK 61, 555 P.3d 1235, STATE ex rel. OKLAHOMA BAR ASSOCIATION v. JORDANCited
Oklahoma Jury Instructions- Criminal
 CiteNameLevel
 Eluding/(Attempting to Elude) a (Peace Officer)/(Game Ranger) - ElementsDiscussed at Length
 (Causing an Accident)/ (Endangering Another) While Eluding/(Attempting to Elude) An Officer - ElementsCited
Title 21. Crimes and Punishments
 CiteNameLevel
 21 O.S. 20L, Class C1 Criminal Offenses - PunishmentCited
 21 O.S. 540B, RoadblocksCited
Title 57. Prisons and Reformatories
 CiteNameLevel
 57 O.S. 571, DefinitionsCited
Citationizer: Table of Authority
Cite Name Level
Oklahoma Session Laws - 2025
 CiteNameLevel
 2025 O.S.L. 224, 2025 O.S.L. 224, [HB 1993] - Crimes and punishmentsCited
 2025 O.S.L. 486, 2025 O.S.L. 486, [HB 2104] - Classification of felony offensesCited
Title 21. Crimes and Punishments
 CiteNameLevel
 21 O.S. 540A, Eluding Peace OfficerCited
 21 O.S. 20L, Class C1 Criminal Offenses - PunishmentDiscussed
 21 O.S. 540A, Eluding Peace OfficerCited
 21 O.S. 540A, Eluding Peace OfficerCited