Texas Penal Code - Section 38.03. Resisting Arrest, Search, Or Transportation
Legal Research Home >
Texas Laws > Penal Code > Texas Penal Code - Section 38.03. Resisting Arrest, Search, Or Transportation
Section: 37.10 37.101 37.11 37.12 37.13 38.01 38.02 38.03 38.04 38.05 38.06 38.07 38.08 38.09 38.10
§ 38.03. RESISTING ARREST, SEARCH, OR
TRANSPORTATION. (a) A person commits an offense if he
intentionally prevents or obstructs a person he knows is a peace
officer or a person acting in a peace officer's presence and at his
direction from effecting an arrest, search, or transportation of
the actor or another by using force against the peace officer or
(b) It is no defense to prosecution under this section that
the arrest or search was unlawful.
(c) Except as provided in Subsection (d), an offense under
this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third
degree if the actor uses a deadly weapon to resist the arrest or
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Acts 1991, 72nd Leg., ch. 277, § 1, 2, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
Speak with a Lawyer in Texas
Last modified: August 11, 2007