ORS 811.540 Fleeing or attempting to elude police officer; penalty

A person commits the crime of fleeing or attempting to elude a police officer if:

The person is operating a motor vehicle; and

A police officer who is in uniform and prominently displaying the police officer’s badge of office or operating a vehicle appropriately marked showing it to be an official police vehicle gives a visual or audible signal to bring the vehicle to a stop, including any signal by hand, voice, emergency light or siren, and either:

The person, while still in the vehicle, knowingly flees or attempts to elude a pursuing police officer; or

The person gets out of the vehicle and knowingly flees or attempts to elude the police officer.

It is an affirmative defense to a prosecution of a person under this section that, after a police officer operating a vehicle not marked as an official police vehicle signaled the person to bring the person’s vehicle to a stop, the person proceeded lawfully to an area the person reasonably believed was necessary to reach before stopping.

The offense described in this section, fleeing or attempting to elude a police officer, is applicable upon any premises open to the public and:

Is a Class C felony if committed as described in subsection (1)(b)(A) of this section; or

Is a Class A misdemeanor if committed as described in subsection (1)(b)(B) of this section.