Also known as: fly · flies · flew · flown · aviation · flight
Written by attorneys · grounded in primary & secondary sources — see below
An act of fleeing the scene after committing or attempting to commit a felony. The conduct supplies a presumption of recklessness manifesting extreme indifference to human life when paired with enumerated felonies such as robbery, arson, or burglary.
Select any source to read its text and confirm it supports the definition.
After robbing a convenience store, Frank Fisher fled on foot while brandishing a gun. During the escape he collided with a bystander who later died from injuries. Prosecutors charged Fisher with murder on the theory that the flight after robbery itself established the required recklessness and extreme indifference.
Flora Ford raised her arm as if to strike Francesca Fowler. Fowler immediately turned and ran down the hallway, believing the blow would land unless she escaped. Because Fowler's flight prevented the contact, no assault liability arose despite the threatening gesture.
Fumiko Fujimoto entered a warehouse at night carrying a crowbar. When an alarm sounded she fled through a rear door still holding the tool. The flight while armed elevated the burglary to a second-degree felony under the statute.
After a plane crash in Scotland, the estates of the victims sued the manufacturer in Pennsylvania. The court weighed the plaintiffs' choice of forum against the practical burdens of litigating abroad and ultimately dismissed the case so the claims could proceed in the more convenient Scottish courts.
Hudson attempted to flee when officers approached to execute a warrant. The government later imposed a civil fine for the underlying regulatory violation. The court held that the penalty did not constitute punishment for double-jeopardy purposes even though it followed the attempted flight.
Wellman learned of an impending tender offer and immediately sold shares before the information became public. The court examined whether the rapid disposition constituted flight from disclosure obligations and whether liability attached under the securities laws.
Yes. The Model Penal Code creates a presumption that the actor acted recklessly under circumstances manifesting extreme indifference to human life whenever the homicide occurs during flight after robbery, arson, burglary, or similar felonies.
Flight prevents liability when the victim reasonably believes contact will occur unless escape or outside intervention stops it. The belief must form before the attempt ends.
…does not embody a concept of fundamental fairness as part of our scheme of constitutionally ordered liberty. His thesis flies in the face of a course of judicial history reflected in an unbroken line of opinions that have interpreted due process to impose restraints on the procedures government may adopt in its…