§ 28-285. Resisting an officer.

(a)

It shall be unlawful for any person to commit resisting an officer. The term "resisting an officer" means the intentional interference with, opposition or resistance to, or obstruction of an individual acting in his official capacity and authorized by law or ordinance to make a lawful arrest or seizure of property or to serve any lawful process or court order when the offender knows or has reason to know that the person arresting, seizing property, or serving process is acting in his official capacity.

(b)

The term "obstruction of," as used herein, in addition to its common meaning, signification, and connotation, means the following:

(1)

Flight by one sought to be arrested before the arresting officer can restrain him and after notice is given that he is under arrest.

(2)

Any violence toward or any resistance or opposition to the arresting officer after the arrested party is actually placed under arrest and before he is incarcerated in jail.

(3)

Refusal by the arrested party to give his name and make his identity known to the arresting officer or providing false information regarding the identity of the arrested party to the arresting officer.

(4)

Congregation with others on a public street and refusal to move on when ordered by the officer.

(c)

The term "officer" as used herein shall include village police officers, deputy sheriffs, probation and parole officers, state police officers, and wildlife enforcement agents.

(Code 2004, § 14.108)

State law reference

Resisting an officer, R.S. 14:108.