76-8-305. Interference with a peace officer.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.

(2)An actor commits interference with a peace officer if the actor:

(a)knows, or by the exercise of reasonable care should have known, that a peace officer is seeking to effect a lawful arrest or detention of the actor or another individual; and

(b)interferes with the arrest or detention by:

(i)use of force or a weapon;

(ii)refusing to perform an act required by lawful order:

(A)necessary to effect the arrest or detention; and

(B)made by a peace officer involved in the arrest or detention; or

(iii)refusing to refrain from performing an act that would impede the arrest or detention.

(3)A violation of Subsection

(2)is a class B misdemeanor.

(4)Recording the actions of a peace officer with a camera, mobile phone, or other photographic device, while the peace officer is performing official duties in plain view, does not by itself constitute:

(a)interference with the peace officer;

(b)willful resistance;

(c)disorderly conduct; or

(d)obstruction of justice.

Amended by Chapter 96 , 2024 General Session