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Resisting Arrest

HRS 710-1026 — force, or a substantial risk of injury, to stop an arrest, a misdemeanor

A person resists arrest by intentionally preventing a law enforcement officer, acting under color of official authority, from effecting an arrest, either by using or threatening physical force against the officer or someone else, or by any other means creating a substantial risk of bodily injury to them. Resisting arrest is a misdemeanor.

  • HRS 710-1026
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Who handles this in Hawaii: Hawaii State Bar Association, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Hawaii directory.Holding a paper like this? Read my paper can read one for you, free with an account.

An unlawful arrest is not a defense to using force. Force is not justified as self-protection to resist an arrest the person knows is being made by a law enforcement officer, even where the arrest is unlawful.

  • HRS 703-304
Sources for this section (2)
  1. HRS 710-1026 — Resisting arrest
  2. HRS 703-304 — Use of force in self-protection

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.

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