606.165 COMPLIANCE WITH LAWFUL ORDER OF POLICE OFFICER; FLEEING.
   (a)   No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control or regulate traffic.
 
   (b)   No person shall operate a motor vehicle so as willfully to elude or flee a police officer after receiving a visible or audible signal from a police officer to bring the person's motor vehicle to a stop.
 
   (c)   If a police officer pursues an offender who is violating paragraph (b) hereof, and paragraph (d)(2) or (3) hereof applies, the sentencing court, in determining the seriousness of an offender's conduct for purposes of sentencing the offender for a violation of paragraph (b) hereof, shall consider, along with the factors set forth in Ohio R.C. 2929.12 and 2929.13 that are required to be considered, all of the following:
(1)   The duration of the pursuit;
(2)   The distance of the pursuit;
(3)   The rate of speed at which the offender operated the motor vehicle during the pursuit;
(4)   Whether the offender failed to stop for traffic lights or stop signs during the pursuit;
(5)   The number of traffic lights or stop signs for which the offender failed to stop during the pursuit;
(6)   Whether the offender operated the motor vehicle during the pursuit without lighted lights during a time when lighted lights are required;
(7)   Whether the offender committed a moving violation during the pursuit;
(8)   The number of moving violations the offender committed during the pursuit;
(9)   Any other relevant factors indicating that the offender's conduct is more serious than conduct normally constituting the offense.
   (d)   Whoever violates this section is guilty of failure to comply with an order or signal of a police officer. A violation of subsection (a) hereof is a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02. A violation of subsection (b) hereof is a misdemeanor of the first degree and shall be subject to the penalty provided in Section 698.02, provided that the jury or judge, as trier of fact, does not find any one of the following by proof beyond a reasonable doubt:
(1)   In committing the offense, the offender was fleeing immediately after the commission of a felony.
(2)   The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property.
(3)   The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property.
   (e)   As used in this section:
(1)   "Moving violation" has the same meaning as in Ohio R.C. 2743.70.
(2)   "Police officer" has the same meaning as in Section 402.27 of the Traffic Code. (ORC 2921.331)