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 Minnesota, the criminal offense of resisting arrest is codified under Minnesota Statutes Section 609.50, which addresses obstructing legal process, arrest, or firefighting. A person is guilty of this offense if they intentionally obstruct, hinder, or prevent a peace officer from performing their duties, which includes making an arrest. This can involve using force against the officer, but also includes nonviolent actions such as providing false information or fleeing from an officer. The statute covers not only police officers but also firefighters, emergency medical personnel, and other specified officers. Resisting arrest in Minnesota is typically charged as a misdemeanor, but it can be elevated to a gross misdemeanor or felony if the individual creates a risk of bodily harm or uses a weapon to resist arrest. The specific charges and penalties depend on the circumstances of the case and the presence of any aggravating factors.