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 Hawaii, the criminal offense of resisting arrest is codified under Hawaii Revised Statutes Section 710-1026. This statute defines resisting arrest as intentionally preventing or attempting to prevent a law enforcement officer from effecting an arrest by using or threatening to use physical force against the law enforcement officer or another, or by using any other means which creates a substantial risk of causing bodily injury to the law enforcement officer or another. It is important to note that the resistance does not need to result in injury; the mere act of resisting is enough to constitute the offense. Resisting arrest in Hawaii is typically classified as a misdemeanor, which can result in penalties including fines and imprisonment. However, the exact penalties can vary based on the circumstances of the case and the presence of any aggravating factors.