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 South Dakota, the criminal offense of resisting arrest is covered under South Dakota Codified Laws (SDCL). Specifically, SDCL 22-11-4 outlines that any individual who intentionally prevents or attempts to prevent a law enforcement officer from effecting an arrest by using or threatening to use physical force or violence against the law enforcement officer or another is guilty of resisting arrest. This offense is classified as a Class 1 misdemeanor in South Dakota. Additionally, providing false identification to law enforcement is addressed under SDCL 22-11-28, which states that giving a false name or obstructing a law enforcement officer in the performance of their duties is also a Class 1 misdemeanor. It is important to note that the severity of the charge can increase if the individual uses a dangerous weapon to resist arrest or if the officer is injured, potentially leading to felony charges.