ORS 162.315¹
Resisting arrest

(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 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) 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 (Definitions for ORS 181A.355 to 181A.670).

(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. [1971 c.743 §206; 1989 c.877 §1; 1997 c.749 §3; 2005 c.668 §2]

Notes of Decisions

Language of this sec­tion includes resisting arrest of an­oth­er per­son, as well as resisting one’s own arrest. State v. Brandon, 35 Or App 661, 582 P2d 52 (1978), Sup Ct review denied

This sec­tion is not unconstitu­tionally vague or overbroad. State v. Crane, 46 Or App 547, 612 P2d 735 (1980), Sup Ct review denied

Though this sec­tion defines “resist” in alternative forms, complaint charging defendant with resisting arrest in language of statute was sufficiently specific to survive demurrer. State v. Strandquist, 57 Or App 404, 644 P2d 658 (1982), Sup Ct review denied

Where arrested defendant’s thrashing about was intended to help others resist her arrest, trial court did not err in denying defendant’s mo­tion for judg­ment of acquittal on resisting arrest charge. State v. Hasan, 93 Or App 142, 760 P2d 1377 (1988)

Trial court properly denied mo­tion for judg­ment of acquittal where evidence was sufficient for jury to find defendant’s con­duct was not passive but posed substantial risk of injury to others. State v. Hutchinson, 94 Or App 441, 765 P2d 248 (1988)

Former version of this sec­tion encompasses resistance both at precise mo­ment one is placed under arrest and while en route to police sta­tion for booking. State v. Bolden, 104 Or App 356, 801 P2d 863 (1990), Sup Ct review denied

Specific exclusion of passive resistance from scope of statute prohibits local ordinance against hindering police of­fi­cer by failing to leave area when given lawful order. City of Eugene v. Kruk, 128 Or App 415, 875 P2d 1190 (1994)

Passive resistance pro­vi­sion preempts local ordinance from enforcing police order to disperse. City of Portland v. Roth, 130 Or App 179, 880 P2d 967 (1994), Sup Ct review denied

Ele­ments of of­fense are es­tab­lished by exer­tion of resistance in general without regard to what resistance is exerted against individual of­fi­cers. State v. Owens, 159 Or App 80, 979 P2d 284 (1999), Sup Ct review denied

To constitute resisting arrest, behavior must be intended to resist custodial status. State v. Powell, 209 Or App 255, 147 P3d 933 (2006)

“Arrest” includes being taken into custody for violating parole. State v. McClure, 256 Or App 200, 300 P3d 210 (2013), aff’d 355 Or 704, 335 P3d 1260 (2014)

Where defendant did not know defendant was under arrest, defendant could not resist arrest because this sec­tion requires defendant to act inten­tionally to resist arrest and such conscious objective requires knowledge of arrest. State v. Olive, 259 Or App 104, 312 P3d 588 (2013)

As used in this sec­tion, “resisting arrest” means resisting “actual or constructive restraint” whether or not that restraint is for purpose of charging per­son with of­fense. State v. McClure, 355 Or 704, 335 P3d 1260 (2014)

Chapter 162

Law Review Cita­tions

51 OLR 427-637 (1972)

1 Legislative Counsel Committee, CHAPTER 162—Offenses Against the State and Public Justice, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors162.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 162, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano162.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information