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 North Dakota, the criminal offense of resisting arrest is codified under North Dakota Century Code (NDCC) 12.1-08-02, which states that an individual is guilty of a class A misdemeanor if they willfully hinder, delay, or obstruct any law enforcement officer in the performance of their official duties. This includes resisting arrest by using physical force or any other means of avoidance. The statute covers actions such as struggling against officers during handcuffing or providing false information during questioning. As a class A misdemeanor in North Dakota, the offense of resisting arrest can carry penalties including a fine of up to $3,000, imprisonment for up to 360 days, or both. It is important for individuals to understand that any physical or deceitful resistance to a lawful arrest can lead to this charge, and anyone facing such accusations should consult with an attorney for legal guidance and representation.