162.315 Resisting arrest. (1) A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer in making an arrest.
(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]
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 162 — Offenses Against the State and Public Justice
ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables
2025 EDITION
STATE AND PUBLIC JUSTICE OFFENSES
CRIMES AND PUNISHMENTS
DEFINITIONS
BRIBERY
PERJURY AND RELATED OFFENSES
ESCAPE, SUPPLYING CONTRABAND AND FAILURE TO APPEAR
OBSTRUCTING GOVERNMENTAL ADMINISTRATION
ABUSE OF PUBLIC OFFICE
INTERFERENCE WITH LEGISLATIVE OPERATIONS
DEFINITIONS
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Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:162.315 Source file: ors162.html Pages: Not recorded – Not recorded Passage SHA-256: 9c2348d49ec8a65afc4bce37ebddb895b24c21ef7931bac38fb1244ec4ac9ec3 Retained source evidence SHA-256: 6dfad8a645fa6e9832270ebd067928ed2cd6f97ef4ed854a71f46e9af3b75226
Source location: ORS 162.315 (all printed versions and notes)
Stored source content
162.315 Resisting arrest. (1) A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer in making an arrest.
(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]
Cross-references
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