The Court of Appeals released an opinion regarding Utah Code 76-8-305.5. This is a river floating case where a state parks ranger was attempting to stop some kayakers that were not wearing life jackets, however, the analyis applies to any other type of offense in this category, including some of our traffic offenses.
The Court not only made clear that there is a mens rea to this offense, but that the fleeing must be to avoid an arrest. This case is a follow up to prior cases on these topics and reiterates the importance of establishing those elements that coincide with the mens rea requirements on this offense and also 41-6a-210.
You can review the full opinion here: State v. Nelson
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