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 Utah, the criminal offense of resisting arrest is codified under Utah Code § 76-8-305. This statute defines the offense as intentionally preventing or attempting to prevent a peace officer from effecting a lawful arrest or detention of oneself or another person. This can include using force, threats, or any other means that creates a substantial risk of bodily injury to the peace officer or another. Additionally, providing false information to a police officer during an investigation can be charged under Utah Code § 76-8-507 as giving false personal information to a peace officer, which is a class C misdemeanor. Resisting arrest in Utah is typically charged as a class B misdemeanor, but it can be elevated to a third-degree felony if the person uses a dangerous weapon or other means or force likely to produce death or serious bodily injury.