Last reviewed . Law current as of October 2026.
Knowingly fleeing or trying to elude police in a vehicle after a signal to stop is a third-degree crime under N.J.S.A. 2C:29-2(b). It becomes second degree if the flight creates a risk of death or injury to anyone. On conviction the court must also suspend the driver's license for 6 months to 2 years.
Key takeaways
- Knowingly fleeing police in a vehicle after a signal to stop is a third-degree crime.
- It becomes second degree if the flight creates a risk of death or injury to anyone.
- The court must also suspend the license for 6 months to 2 years.
What is eluding (2C:29-2(b))?
The State must prove that you were operating a motor vehicle (or a vessel) on a New Jersey street, highway or waterway; that you received a signal from a police or law enforcement officer to bring it to a full stop; and that you knowingly fled or attempted to elude the officer.
When is eluding second degree instead of third?
| Circumstance | Grade | Ordinary prison range (2C:43-6(a)) |
|---|---|---|
| Eluding | Third degree | 3 to 5 years |
| Eluding that creates a risk of death or injury to any person | Second degree | 5 to 10 years |
The jury may infer (but does not have to) that the flight created a risk of death or injury if your driving involved a violation of the motor vehicle laws in chapter 4 of Title 39, such as speeding or running a red light. That inference is why many eluding cases are charged as second degree.
Third-degree eluding is also one of the offenses excluded from the usual presumption against prison for first-time offenders in N.J.S.A. 2C:44-1(e).
Will an eluding conviction suspend my license?
In addition to any other penalty, the court must suspend your driver's license for at least six months and up to two years. If your license was already suspended or revoked, the new suspension starts when the existing one ends. The law also presumes, subject to rebuttal, that the registered owner of the vehicle was the driver.
What if someone was hurt during the pursuit?
Causing bodily injury while eluding is a separate aggravated assault charge under 2C:12-1(b)(6). Under 2C:43-6(i), a conviction for it requires prison with a minimum term of one-third to one-half of the sentence before parole eligibility.
How is eluding different from resisting arrest?
Subsection (a) covers resisting arrest. Purposely preventing or trying to prevent an arrest is a disorderly persons offense. Doing it by flight (for example, running on foot) is a fourth-degree crime. Using or threatening force, or creating a substantial risk of injury, makes it third degree. Unlawful police conduct is not a defense if the officer was acting under color of authority and announced the arrest first.
How is an eluding charge defended?
- Whether the signal to stop was clear and actually received (lights, siren, location, visibility)
- Whether you knowingly fled, or were looking for a safe place to stop
- Identification of the driver, including the owner presumption
- Whether the facts support the second-degree risk element
- Dash-cam and body-worn camera footage, and pursuit reports
Related guides
- Degrees of crimes
New Jersey's first- through fourth-degree crimes compared: prison ranges, maximum fines, presumptions of incarceration and non-incarceration, NERA, and the Graves Act.
- Pretrial Intervention (PTI)
How New Jersey's Pretrial Intervention program works under N.J.S.A. 2C:43-12 and Rule 3:28: who is eligible, the $75 fee, supervision of 6 months to 3 years, plea requirements, and appeals.
- Detention hearings
How New Jersey detention hearings work under Criminal Justice Reform: when they happen, the Public Safety Assessment, the clear and convincing standard, and the 90/180-day deadlines.
- Grand jury and indictment
How New Jersey grand juries work: who presents, what the jurors decide, waiving indictment, and what happens after an indictment is returned.
- Shoplifting (2C:20-11)
What counts as shoplifting under N.J.S.A. 2C:20-11, how value sets the grade, the concealment presumption, store detention, and mandatory community service.
- Unlawful gun possession and the Graves Act
How N.J.S.A. 2C:39-5 grades unlawful possession of handguns, rifles and other weapons, the Graves Act mandatory minimum under 2C:43-6(c), and the 2C:43-6.2 waiver.
Frequently asked questions
Is eluding a felony in New Jersey?
New Jersey uses "indictable crime" instead of felony. Eluding is a third-degree crime, or second degree if it creates a risk of death or injury.
Will I lose my license for eluding?
Yes. The statute requires a suspension of at least six months and up to two years, on top of any other sentence.
What is the difference between eluding and resisting arrest by flight?
Eluding under 2C:29-2(b) involves a motor vehicle or vessel and a signal to stop. Resisting by flight under 2C:29-2(a)(2), such as running on foot, is a fourth-degree crime.
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Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.