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 Kentucky, the criminal offense of resisting arrest is codified under Kentucky Revised Statutes (KRS) 520.090. According to this statute, a person is guilty of resisting arrest when, with the intent to prevent a peace officer from effecting a lawful arrest of themselves or another, they use or threaten to use physical force or violence against the peace officer or another, or they use any other means creating a substantial risk of causing physical injury to the peace officer or another. It is important to note that merely fleeing from a peace officer does not constitute resisting arrest under this statute. Resisting arrest in Kentucky is classified as a Class A misdemeanor, which can carry penalties including fines and jail time. The law does not require that the resistance be significant; even slight physical force or actions that delay or obstruct the arrest can be grounds for this charge. Providing false information during questioning could also be considered obstructing governmental operations under KRS 519.040, which is a separate offense.