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 Pennsylvania, the criminal offense of resisting arrest is codified under Title 18, Section 5104 of the Pennsylvania Consolidated Statutes. This statute defines resisting arrest as intentionally preventing or attempting to prevent a law enforcement officer from effecting an arrest by using force or creating a substantial risk of bodily injury to the officer or anyone else. It does not require that the person being arrested must be guilty of the offense for which they are being arrested. Resisting arrest in Pennsylvania is typically graded as a misdemeanor of the second degree. This means that the offense can carry penalties including fines and potential jail time. It is important for individuals in Pennsylvania to understand that any physical resistance or actions that could be interpreted as an attempt to prevent an arrest could lead to charges of resisting arrest.