Section 575.150

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 575

Effective - 01 Jan 2017, 4 histories, see footnote   

  575.150.  Resisting or interfering with arrest — penalties. — 1.  A person commits the offense of resisting or interfering with arrest, detention, or stop if he or she knows or reasonably should know that a law enforcement officer is making an arrest or attempting to lawfully detain or stop an individual or vehicle, and for the purpose of preventing the officer from effecting the arrest, stop or detention, he or she:

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

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

  2.  This section applies to:

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

  (2)  Arrests, stops, or detentions, for any offense, infraction, or ordinance violation; and

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

  3.  A person is presumed to be fleeing a vehicle stop if he or she continues to operate a motor vehicle after he or she has seen or should have seen clearly visible emergency lights or has heard or should have heard an audible signal emanating from the law enforcement vehicle pursuing him or her.

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

  5.  The offense of resisting or interfering with an arrest is a class E felony for an arrest 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.  

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The offense of resisting an arrest, detention or stop in violation of subdivision (1) or (2) of subsection 1 of this section is a class A misdemeanor, unless the person fleeing creates a substantial risk of serious physical injury or death to any person, in which case it is a class E felony.

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(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, A.L. 2014 S.B. 491)

Effective 1-01-17

(1992)  Offense of resisting arrest is the resistance by the defendant and the number of offenses for resisting arrest is not dependent upon how many officers were attempting to arrest defendant.  Double jeopardy bars multiple convictions for the same offense where the conduct is continuous.  State v. Good, 851 S.W.2d 1 (Mo. App. S.D.).

(1993) Statute requires for the crime of resisting arrest:  first that a person knows that a law enforcement officer is making an arrest, and second that the person resists the arrest by fleeing for the purpose of preventing the officer from effecting the arrest.  Where there was no evidence that officer was making an arrest nor was there any evidence that defendant knew that the officer was making an arrest, there was no evidence to sustain a conviction for resisting arrest.  State v. Dossett, 851 S.W.2d 750 (Mo. App. W.D.).

(2019)  Section making it a felony to resist an arrest for a felony does not require evidence of the arresting officer's subjective state of mind.  State v. Shaw, 592 S.W.3d 354 (Mo.banc).