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 Montana, the criminal offense of resisting arrest is codified under Montana Code Annotated (MCA) 45-7-301. This statute defines resisting arrest as intentionally preventing or attempting to prevent a peace officer from effecting an arrest by using or threatening to use physical force or by any other means that creates a substantial risk of causing bodily injury to the peace officer or another. It is important to note that in Montana, resisting arrest is considered a misdemeanor offense. The law also covers situations where an individual provides false information to a peace officer with the intent to obstruct the officer in the performance of their duties. The penalties for resisting arrest in Montana can include fines, imprisonment, or both, depending on the circumstances of the case and the presence of any aggravating factors.