162.315. Resisting arrest | Statutes | Westlaw

162.315. Resisting arrest | Statutes | Westlaw

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162.315. Resisting arrest

OR ST § 162.315West's Oregon Revised Statutes AnnotatedTitle 16. Crimes and Punishments (Approx. 2 pages)

162.315. Resisting arrest

OR ST § 162.315West's Oregon Revised Statutes AnnotatedTitle 16. Crimes and Punishments (Approx. 2 pages)

West's Oregon Revised Statutes Annotated
Title 16. Crimes and Punishments
Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)
Obstructing Governmental Administration
O.R.S. § 162.315
162.315. Resisting arrest
Currentness
(1) A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer in making an arrest.
(2) As used in this section:
(a) “Arrest” has the meaning given that term in ORS 133.005 and includes, but is not limited to, the booking process.
(b) “Parole and probation officer” has the meaning given that term in ORS 181A.355.
(c) “Resists” means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person and includes, but is not limited to, behavior clearly intended to prevent being taken into custody by overcoming the actions of the arresting officer. The behavior does not have to result in actual physical injury to an officer. Passive resistance does not constitute behavior intended to prevent being taken into custody.
(3) It is no defense to a prosecution under this section that the peace officer or parole and probation officer lacked legal authority to make the arrest or book the person, provided the officer was acting under color of official authority.
(4) Resisting arrest is a Class A misdemeanor.

Credits

Laws 1971, c. 743, § 206; Laws 1989, c. 877, § 1; Laws 1997, c. 749, § 3; Laws 2005, c. 668, § 2.
O. R. S. § 162.315, OR ST § 162.315
Current through laws of the 2024 Regular Session of the 82nd Legislative Assembly, which convened February 5, 2024 and adjourned sine die March 9, 2024, in effect through March 19, 2024, pending classification of undesignated material and text revision by the Oregon Reviser. See ORS 173.160. Some statute sections may be more current, see credits for details.
End of Document© 2024 Thomson Reuters. No claim to original U.S. Government Works.