Resisting Arrest of Self or Others; Defined and Punished

A person is guilty of a misdemeanor when, with intent to prevent or delay the arrest of himself of another person by one whom he knows or reasonably should know to be a peace officer acting in an official capacity, he prevents or delays that arrest by the use or threat of force or by physical obstruction. For purposes of this Section, a peace officer shall include apprehending officers designated under Article 2 of 10 GCA Chapter 51, as well as peace officers as defined under 9 GCA § 1.70. SOURCE: G.P.C. §§ 69, 148; cf. § 166; M.P.C. § 242.2; Cal. § 1182 (1971); Mass. ch. 268, § 10; N.J. § 2C:29-2; Amended by P.L. 17-087:8 (Jan. 18, 1985). CROSS-REFERENCES: § 55.45 - Obstructing Government Operation; 8 GCA § 25.50. COMMENT: § 55.35 deals specifically with resisting arrest in order to make clear that the arrest need not be lawful. The defendant must know that the law enforcement officer is acting in an official capacity, but if this requirement is satisfied, it is a crime to resist even an unlawful arrest. There are many remedies for such an unlawful arrest - Habeas Corpus, exclusion of illegally obtained evidence, possible tort relief - and it seems preferable to discourage as much violent conduct surrounding police activity as possible. Note that this Section also proscribes resistance or obstruction, including going limp, but does not deal with flight from arrest. At common law, the Model Penal Code and the law of some States require that the arrest be lawful before resistance is made criminal. Such was not the case in the former Penal Code, nor is it the case in the States of Connecticut and Kentucky.