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 Wyoming, the criminal offense of resisting arrest is codified under Wyoming Statutes section 6-5-204. This law states that a person commits a misdemeanor if they intentionally prevent or attempt to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another by: using or threatening to use physical force or violence against the peace officer or another; or using any other means which creates a substantial risk of causing bodily injury to the peace officer or another. The statute does not require that the resistance be significant; even slight physical force or obstruction can lead to charges. Additionally, providing false information to a police officer during an investigation or questioning can also be considered obstructing justice, which is a related but separate offense under Wyoming law. Typically, resisting arrest is charged as a misdemeanor in Wyoming, which can result in fines, imprisonment, or both, depending on the circumstances and the presence of any aggravating factors.