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Resisting Arrest

ORS 162.315 — a Class A misdemeanor, and passive resistance does not count

Resisting arrest is intentionally resisting a person known to be a peace officer, or a parole and probation officer, in making an arrest. Resisting means using or threatening violence, physical force or other means that create a substantial risk of physical injury, including behavior clearly meant to prevent being taken into custody. Arrest includes booking.

  • ORS 162.315
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Going limp is not resisting. Passive resistance is not behavior intended to prevent being taken into custody under this section.

  • ORS 162.315

It is no defense that the officer lacked legal authority to make the arrest, if the officer was acting under color of official authority. Resisting arrest is a Class A misdemeanor.

  • ORS 162.315
Sources for this section (1)
  1. ORS 162.315 — Resisting arrest

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

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