The criminal offense of resisting arrest—also known as resisting a peace officer—occurs when a person uses any amount of physical force to resist, delay, or obstruct a police officer during an arrest. The resistance that gives rise to a criminal offense may be slight and includes (1) struggling with police officers as they try to place handcuffs on a person and (2) giving police a false name during questioning.
Resisting arrest laws vary from state to state—in California, for example, the law includes delaying or obstructing an emergency medical technician. Resisting arrest is usually a misdemeanor offense. Resisting arrest laws are generally located in a state’s statutes—often in the penal or criminal code.
In Iowa, the criminal offense of resisting arrest is codified under Iowa Code section 719.1, which defines the crime of 'Interference with Official Acts.' A person commits this offense when they knowingly resist or obstruct anyone known by them to be a peace officer, emergency medical care provider, or firefighter in the performance of any act which is within the scope of their lawful duty. This includes actions such as struggling during handcuffing or providing false information to officers. Resisting arrest in Iowa is typically classified as a simple misdemeanor, which can result in fines and imprisonment. However, if the person uses a dangerous weapon to resist arrest or if the act results in bodily injury to any of the aforementioned officials, the offense may be elevated to an aggravated misdemeanor or a felony, leading to more severe penalties.