§ 16-31. Resisting arrest.

Latest version.

(a)

A person commits the offense of resisting arrest if such person knowingly prevents or attempts to prevent a police officer from effecting an arrest by:

(1)

Using or threatening to use physical force or violence against the police officer or another; or

(2)

Using any other means which creates a risk of causing physical injury to the police officer or another.

(b)

It is no defense to a prosecution under this section that the arrest was unlawful, provided the police officer was acting under color of official authority.

(Code 1981, § 9.02.300)

State law reference

Resisting arrest, MCA 45-7-301.

                    
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