(2) As used in this section:
(a) "Arrest" has the meaning given that term in ORS 133.005 and includes, but is not limited to, the booking process.
(b) "Parole and probation officer" has the meaning given that term in ORS 181A.355.
(c) "Resists" means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person and includes, but is not limited to, behavior clearly intended to prevent being taken into custody by overcoming the actions of the arresting officer. The behavior does not have to result in actual physical injury to an officer. Passive resistance does not constitute behavior intended to prevent being taken into custody.
(3) It is no defense to a prosecution under this section that the peace officer or parole and probation officer lacked legal authority to make the arrest or book the person, provided the officer was acting under color of official authority.
(4) Resisting arrest is a Class A misdemeanor. [1971 c.743 §206; 1989 c.877 §1; 1997 c.749 §3; 2005 c.668 §2]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 162 - Offenses Against the State and Public Justice
Section 162.005 - Definitions for ORS 162.005 to 162.425.
Section 162.015 - Bribe giving.
Section 162.025 - Bribe receiving.
Section 162.035 - Bribery defenses.
Section 162.055 - Definitions for ORS 162.055 to 162.425.
Section 162.075 - False swearing.
Section 162.085 - Unsworn falsification.
Section 162.095 - Defenses to perjury and false swearing limited.
Section 162.105 - Retraction as defense.
Section 162.117 - Public investment fraud.
Section 162.118 - Illegal conduct by State Treasury not a defense.
Section 162.119 - Public fraud as racketeering activity.
Section 162.121 - Construction of ORS 162.117 to 162.121.
Section 162.135 - Definitions for ORS 162.135 to 162.205.
Section 162.145 - Escape in the third degree.
Section 162.155 - Escape in the second degree.
Section 162.165 - Escape in the first degree.
Section 162.175 - Unauthorized departure.
Section 162.185 - Supplying contraband.
Section 162.195 - Failure to appear in the second degree.
Section 162.205 - Failure to appear in the first degree.
Section 162.225 - Definitions for ORS 162.225 to 162.375.
Section 162.235 - Obstructing governmental or judicial administration.
Section 162.245 - Refusing to assist a peace officer.
Section 162.247 - Interfering with a peace officer or parole and probation officer.
Section 162.255 - Refusing to assist in fire-fighting operations.
Section 162.257 - Interfering with a firefighter or emergency medical services provider.
Section 162.265 - Bribing a witness.
Section 162.275 - Bribe receiving by a witness.
Section 162.285 - Tampering with a witness.
Section 162.295 - Tampering with physical evidence.
Section 162.305 - Tampering with public records.
Section 162.315 - Resisting arrest.
Section 162.325 - Hindering prosecution.
Section 162.335 - Compounding.
Section 162.355 - Simulating legal process.
Section 162.365 - Criminal impersonation of a public servant.
Section 162.367 - Criminal impersonation of a peace officer.
Section 162.369 - Possession of a false law enforcement identification card.
Section 162.375 - Initiating a false report.
Section 162.405 - Official misconduct in the second degree.
Section 162.415 - Official misconduct in the first degree.