Penal Code · §38.03

Resisting Arrest, Search, or Transportation

Intentionally prevents or obstructs a person known to be a peace officer (or person acting at the officer's direction) from effecting an arrest, search, or transportation, by USING FORCE against the officer or another. Mere passive resistance, fleeing, or arguing is not enough.

To prove this offense, the State must establish each of the following elements: Intentionally; Prevents or obstructs a known peace officer (or person acting at officer's direction); From effecting arrest, search, or transportation; By using FORCE against the officer or another; Class A; 3rd degree if deadly weapon used.

The base classification is Class A misdemeanor (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • Intentionally
  • Prevents or obstructs a known peace officer (or person acting at officer's direction)
  • From effecting arrest, search, or transportation
  • By using FORCE against the officer or another
  • Class A; 3rd degree if deadly weapon used
Texas Law — Charge Details
Class A Misd. → 3rd Degree Felony
Offense
Resisting Arrest, Search, or Transportation
Statute
Tex. Penal Code §38.03
Classification
Class A misdemeanor (default)

Intentionally prevents or obstructs a person known to be a peace officer (or person acting at the officer's direction) from effecting an arrest, search, or transportation, by USING FORCE against the officer or another. Mere passive resistance, fleeing, or arguing is not enough.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
Use of a deadly weapon to resist3rd degree felony§38.03(d)

Practice 1 question on this topic

Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.

Start Free Practice

Worked examples

Worked example 1

Resisting Arrest, Search, or Transportation under §38.03 requires the actor to intentionally:

  1. Argue verbally with an officer
  2. Walk away slowly from an officer
  3. Prevent or obstruct a peace officer (or someone acting in the officer's presence/at his direction) from effecting an arrest, search, or transportation, by using FORCE against the officer or another Correct
  4. Refuse to answer questions
Why: Resisting requires the use of force against the officer or another. Mere passive resistance, fleeing, or arguing is not enough. Class A misdemeanor; 3rd degree felony if a deadly weapon is used to resist.
Statute: Tex. Penal Code §38.03