New Federal Crime Proposed: Fleeing Arrest and Refusing Orders to Exit Could Mean Up to 5 Years in Prison

The Secure Takedown and Obstruction Prevention Act, or the STOP Act, creates a brand-new federal crime focused on individuals who are already evading arrest. Simply put, if you are being pursued by a federal law enforcement officer and you take shelter somewhere—say, your apartment, a shed, or even a vehicle—and refuse an order to come out, you could be charged with a separate federal felony offense called ‘Barricading During Arrest Evasion.’ This new offense carries a standard penalty of up to three years in federal prison, and up to five years if specific aggravating factors are present. The bill also criminalizes aiding someone else who commits this act, meaning anyone who helps an individual hide or delay their surrender could also face charges.

The New Federal Offense: When Shelter Becomes a Crime

This legislation inserts a new subsection (c) into Section 111 of Title 18, U.S.C., which deals with resisting federal officers. The core of the bill hinges on the definition of ‘barricade,’ which means taking a physical position that ‘prevents immediate access’ by an officer and then ‘refusing or resisting an order to exit that location or comply with other lawful direction.’ This is where things get tricky and potentially vague. For federal law enforcement, the bill provides a specific new tool to address standoffs, which the findings section notes are dangerous and resource-intensive. If this bill passes, officers gain a specific charge to use against individuals who prolong a pursuit by hiding and refusing to come out, potentially deterring dangerous, drawn-out confrontations.

The Fine Print: Where Ambiguity Meets Prison Time

For the average person, this bill raises questions about what constitutes a ‘barricade’ and ‘refusing an order.’ Imagine a high-stress situation where a person is inside their own home. If they are evading arrest and the officer orders them to exit, taking even a moment to process the command, or hesitating out of fear, could potentially be interpreted as ‘refusing or resisting’ that order. The definition is broad enough that it might cover someone who is not actively fighting or resisting, but simply not complying immediately. This vagueness could grant significant discretion to officers in determining when a person has committed this new felony, potentially criminalizing fear or slow compliance in a volatile situation.

The Aggravated Penalty: Three Years Jumps to Five

The penalties escalate quickly under this bill. While the baseline is up to three years, the sentence jumps to up to five years if any ‘aggravating circumstances’ are present. These circumstances include creating a risk of or causing serious physical harm, possessing a deadly weapon, or — and this is a key detail — if ‘a third party is present and is unable to immediately and safely leave the physical location.’ This means if you are evading arrest, hiding in your house, and your roommate or child is present and can't immediately get out safely, the penalty automatically increases. This provision is designed to punish those who put bystanders at risk, but it also raises the stakes dramatically for anyone who finds themselves in a high-pressure situation involving a federal warrant or near others.