18-9-116.5. Vehicular eluding.

(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.

Source: 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.

Cross references: 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.

Eluding a police officer, as defined in § 42-4-1512, is not a lesser-included offense of vehicular eluding. People v. Fury, 872 P.2d 1280 (Colo. App. 1993) (decided under former § 42-4-1512 prior to repeal and reenactment as § 42-4-1413); People v. Pena, 962 P.2d 285 (Colo. App. 1997).

Reckless driving is a lesser included offense of vehicular eluding. People v. Pena, 962 P.2d 285 (Colo. App. 1997).

"Wanton or willful disregard" for safety under § 42-4-1401 is essentially the same element as the "reckless" state of mind specified in this section. People v. Pena, 962 P.2d 285 (Colo. App. 1997).

The portion of the statute requiring proof that eluding resulted in the death of another person is a sentence enhancing provision, not an essential element of the offense of vehicular eluding for purposes of merger. People v. Avila, 944 P.2d 673 (Colo. App. 1997).

Therefore, vehicular eluding is not a lesser included offense of vehicular homicide because vehicular homicide does require proof of death. People v. Avila, 944 P.2d 673 (Colo. App. 1997).

Vehicular eluding requires only proof that the driver both eluded or attempted to elude a police officer and operated a car recklessly, but not necessarily at the same time. People v. Sherwood, 5 P.3d 956 (Colo. App. 2000).

The intent of the vehicular eluding statute is to protect members of the public from the dangers created by a driver attempting to elude a police officer. There is therefore no need for a prosecutor to identify a particular victim in charging a defendant. People v. Fury, 872 P.2d 1280 (Colo. App. 1993).

Applied in Brutcher v. District Court, 195 Colo. 579, 580 P.2d 396 (1978); People v. Mascarenas, 632 P.2d 1028 (Colo. 1981).