§ 54-124. Resisting an officer.

(a)

No person shall commit the crime of resisting an officer.

(b)

Resisting an officer is the intentional opposition or resistance to, or obstruction of, an individual acting in his official capacity and authorized by law 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.

The phrase "obstruction of," as used herein shall, in addition to its common meaning, signification and connotation mean:

(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.

(4)

Congregates with others on a public street and refuses to move when ordered by the officer.

(Article 70, Model Municipal Criminal Code, adopted by Commission Series Ord. No. 92 of 3-8-71)

Editor's note

The provisions of Article 70, Model Municipal Criminal Code, were derived from R.S. 14:108. Since the publication of the Model Code, this state law provision has been revised. The language of the above section was therefore revised to make it consistent with current state law.