4.402 — RESISTING ARREST WITHOUT FORCE
Violations of "Statute 4.402" results in a Class B Misdemeanor
(a) Definitions
A person commits the offense of resisting arrest without force when they knowingly obstruct or interfere with a law enforcement officer’s attempt to lawfully place them under arrest through non-violent means, including but not limited to:
Refusing to comply with verbal commands to submit to arrest.
Physically pulling away, tensing, or attempting to evade without using force or violence.
Providing false information to delay or prevent an arrest.
(b) Elements
To establish the offense, the prosecution must prove beyond a reasonable doubt that:
The defendant was aware they were being lawfully placed under arrest.
The defendant intentionally delayed or obstructed the arrest.
The defendant did not use force or violence in the act of resisting.
(c) Defenses
A person shall not be found guilty of resisting arrest without force if:
The arrest was unlawful, and the person was not aware of any valid warrant or probable cause.
The person reasonably believed that complying would subject them to immediate harm or danger.
The officer failed to clearly identify themselves as law enforcement.
(d) Aggravating Factors
The court shall impose enhanced penalties if the act of resisting arrest without force involves:
Fleeing from law enforcement in a manner that creates a risk of injury to others.
Attempting to incite others to interfere with the arrest.
The presence of outstanding warrants for similar offenses.
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