(C)

1. (1) Whoever violates this section is guilty of failure to comply with an order or signal of a police officer.
2. (2) A violation of division (A) of this section is a misdemeanor of the first degree.
3. (3) Except as provided in divisions (C)(4) and (5) of this section, a violation of division (B) of this section is a misdemeanor of the first degree.
4. (4) Except as provided in division (C)(5) of this section, a violation of division (B) of this section is a felony of the fourth degree if the jury or judge as trier of fact finds by proof beyond a reasonable doubt that, in committing the offense, the offender was fleeing immediately after the commission of a felony.

5. (5)

   1. (a) A violation of division (B) of this section is a felony of the third degree if the jury or judge as trier of fact finds any of the following by proof beyond a reasonable doubt:

      1. (i) The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property.
      2. (ii) The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property.

   2. (b) If a police officer pursues an offender who is violating division (B) of this section and division (C)(5)(a) of this section applies, the sentencing court, in determining the seriousness of an offender's conduct for purposes of sentencing the offender for a violation of division (B) of this section, shall consider, along with the factors set forth in sections 2929.12 and 2929.13 of the Revised Code that are required to be considered, all of the following:

      1. (i) The duration of the pursuit;
      2. (ii) The distance of the pursuit;
      3. (iii) The rate of speed at which the offender operated the motor vehicle during the pursuit;
      4. (iv) Whether the offender failed to stop for traffic lights or stop signs during the pursuit;
      5. (v) The number of traffic lights or stop signs for which the offender failed to stop during the pursuit;
      6. (vi) Whether the offender operated the motor vehicle during the pursuit without lighted lights during a time when lighted lights are required;
      7. (vii) Whether the offender committed a moving violation during the pursuit;
      8. (viii) The number of moving violations the offender committed during the pursuit;
      9. (ix) Any other relevant factors indicating that the offender's conduct is more serious than conduct normally constituting the offense.

(F) As used in this section:

1. (1) "Moving violation" has the same meaning as in section 2743.70 of the Revised Code.
2. (2) "Police officer" has the same meaning as in section 4511.01 of the Revised Code.