Resisting Arrest, Search, or Transportation
Intentionally prevents or obstructs a person known to be a peace officer (or person acting at the officer's direction) from effecting an arrest, search, or transportation, by USING FORCE against the officer or another. Mere passive resistance, fleeing, or arguing is not enough.
To prove this offense, the State must establish each of the following elements: Intentionally; Prevents or obstructs a known peace officer (or person acting at officer's direction); From effecting arrest, search, or transportation; By using FORCE against the officer or another; Class A; 3rd degree if deadly weapon used.
The base classification is Class A misdemeanor (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Intentionally
- Prevents or obstructs a known peace officer (or person acting at officer's direction)
- From effecting arrest, search, or transportation
- By using FORCE against the officer or another
- Class A; 3rd degree if deadly weapon used
Intentionally prevents or obstructs a person known to be a peace officer (or person acting at the officer's direction) from effecting an arrest, search, or transportation, by USING FORCE against the officer or another. Mere passive resistance, fleeing, or arguing is not enough.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Use of a deadly weapon to resist | 3rd degree felony | §38.03(d) |
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Worked examples
Resisting Arrest, Search, or Transportation under §38.03 requires the actor to intentionally:
- Argue verbally with an officer
- Walk away slowly from an officer
- Prevent or obstruct a peace officer (or someone acting in the officer's presence/at his direction) from effecting an arrest, search, or transportation, by using FORCE against the officer or another Correct
- Refuse to answer questions