§ 58-16. Resisting an officer.

(a)

Resisting an officer is the intentional interference with, 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.

(b)

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

(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)

Congregation with others on a public street and refusal to move on when ordered by the officer.

The word "officer" as used in this section means any peace officer, as defined in R.S. 40:2402, and includes deputy sheriffs, municipal police officers, probation and parole officers and wildlife enforcement agents.

(Code 1958, § 6-26)

State law reference

Similar provisions, R.S. 14:108.