575.150. Resisting or interfering with arrest--penalty.

Resisting or interfering with arrest--penalty.

575.150. 1. A person commits the crime of resisting or interferingwith arrest, detention, or stop if, knowing that a law enforcement officeris making an arrest, or attempting to lawfully detain or stop an individualor vehicle, or the person reasonably should know that a law enforcementofficer is making an arrest or attempting to lawfully detain or lawfullystop an individual or vehicle, for the purpose of preventing the officerfrom effecting the arrest, stop or detention, the person:

(1) Resists the arrest, stop or detention of such person by using orthreatening the use of violence or physical force or by fleeing from suchofficer; or

(2) Interferes with the arrest, stop or detention of another personby using or threatening the use of violence, physical force or physicalinterference.

2. This section applies to:

(1) Arrests, stops, or detentions, with or without warrants;

(2) Arrests, stops, or detentions, for any crime, infraction, orordinance violation; and

(3) Arrests for warrants issued by a court or a probation and paroleofficer.

3. A person is presumed to be fleeing a vehicle stop if that personcontinues to operate a motor vehicle after that person has seen or shouldhave seen clearly visible emergency lights or has heard or should haveheard an audible signal emanating from the law enforcement vehicle pursuingthat person.

4. It is no defense to a prosecution pursuant to subsection 1 of thissection that the law enforcement officer was acting unlawfully in makingthe arrest. However, nothing in this section shall be construed to barcivil suits for unlawful arrest.

5. Resisting or interfering with an arrest is a class D felony for anarrest for a:

(1) Felony;

(2) Warrant issued for failure to appear on a felony case; or

(3) Warrant issued for a probation violation on a felony case.

Resisting an arrest, detention or stop by fleeing in such a manner that theperson fleeing creates a substantial risk of serious physical injury ordeath to any person is a class D felony; otherwise, resisting orinterfering with an arrest, detention or stop in violation of subdivision(1) or (2) of subsection 1 of this section is a class A misdemeanor.

(L. 1977 S.B. 60, A.L. 1996 H.B. 1047, A.L. 2002 H.B. 1270 and H.B. 2032, A.L. 2005 H.B. 353, A.L. 2009 H.B. 62)