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 Alaska, the criminal offense of resisting arrest is codified under Alaska Statutes Section 11.56.700. This law defines resisting arrest as intentionally preventing or attempting to prevent a peace officer from making a lawful arrest of oneself or another person. The statute specifies that using or threatening to use physical force against the officer or another, or any other means creating a substantial risk of causing physical injury to the officer or another, constitutes resisting arrest. Additionally, giving false information to a police officer during questioning can be charged under a separate statute, Alaska Statutes Section 11.56.800, which covers false information or report. Resisting arrest in Alaska is typically classified as a misdemeanor offense, which can result in penalties including fines and imprisonment. It is important for individuals in Alaska to understand that any physical resistance or obstruction during an arrest, even if slight, can lead to charges of resisting arrest.