(1) Any person who, while operating a motor vehicle, knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and who knows or reasonably should know that he or she is being pursued by said peace officer, and who operates his or her vehicle in a reckless manner, commits vehicular eluding.
(2)
(a) Vehicular eluding is a class 5 felony; except that vehicular eluding that results in bodily injury to another person is a class 4 felony and vehicular eluding that results in death to another person is a class 3 felony.
(b) Notwithstanding section
18-1.3-401, the minimum sentence within the presumptive range for a violation of this section shall be increased as follows:
(I) For a class 5 felony, the minimum fine shall be two thousand dollars;
(II) For a class 4 felony, the minimum fine shall be four thousand dollars; and
(III) For a class 3 felony, the minimum fine shall be six thousand dollars.
L. 75: Entire section added, p. 620, § 16, effective July 21. L. 86: Entire section amended, p. 786, § 1, effective July 1. L. 89: Entire section amended, p. 840, § 88, effective July 1. L. 2000: Entire section amended, p. 698, § 17, effective July 1. L. 2008: Entire section amended, p. 2084, § 1, effective July 1.
For driving a motor vehicle with a wanton or a willful disregard for the safety of others, see reckless driving as contained in § 42-4-1401.