Sec 13-2508. Resisting arrest; classification; definition  


Latest version.
  • A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace officer, acting under color of such peace officer's official authority, from effecting an arrest by:

    1. Using or threatening to use physical force against the peace officer or another.

    2. Using any other means creating a substantial risk of causing physical injury to the peace officer or another.

    3. Engaging in passive resistance.

    B. Resisting arrest pursuant to subsection A, paragraph 1 or 2 of this section is a class 6 felony. Resisting arrest pursuant to subsection A, paragraph 3 of this section is a class 1 misdemeanor.

    C. For the purposes of this section, "passive resistance" means a nonviolent physical act or failure to act that is intended to impede, hinder or delay the effecting of an arrest.