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 Kansas, the criminal offense of resisting arrest is codified under Kansas Statutes Annotated (K.S.A.) 21-5904. 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 force or violence against the law enforcement officer or another, or by fleeing from such officer. It is also considered resisting arrest if a person uses any other means creating a substantial risk of causing bodily harm to such officer or another. The offense of resisting arrest in Kansas is typically classified as a Class A misdemeanor, which is punishable by a maximum of one year in jail and a fine of up to $2,500. However, if the act of resistance or flight creates a substantial risk of bodily harm to any person, it may be charged as a severity level 9, person felony. It's important to note that providing a false name during questioning could also be considered obstructing legal process or official duty under K.S.A. 21-5904, which is a separate offense and may carry additional penalties.