(1) A person commits the crime of fleeing or attempting to elude a police officer if: (a) The person is operating a motor vehicle; and (b) A police officer who is in uniform and prominently displaying the police officers 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: (A) The person, while still in the vehicle, knowingly flees or attempts to elude a pursuing police officer; or (B) The person gets out of the vehicle and knowingly flees or attempts to elude the police officer. (2) 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 persons vehicle to a stop, the person proceeded lawfully to an area the person reasonably believed was necessary to reach before stopping. (3) The offense described in this section, fleeing or attempting to elude a police officer, is applicable upon any premises open to the public and: (a) Is a Class C felony if committed as described in subsection (1)(b)(A) of this section; or (b) Is a Class A misdemeanor if committed as described in subsection (1)(b)(B) of this section. PARKING, STOPPING AND STANDING (Generally)
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