Sec. 14-164. Resisting arrest.


(a) A person commits the offense of resisting arrest if, while intentionally preventing or attempting to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, he:


(1) Uses or threatens to use physical force or violence against the peace officer or another; or

(2) Uses any other means which creates a substantial risk of causing physical injury to the peace officer or another; or

(3) Employs means requiring substantial force to overcome resistance to effecting the arrest.


(b) It is an affirmative defense to prosecution under this section if the peace officer involved was out of uniform and did not identify himself as a peace officer by showing his credentials to the person whose arrest is attempted.


(c) This section shall not apply to resisting arrest through the use of a deadly or dangerous weapon.


Source:  Code 1962, 3-3-8

State law reference--Similar provisions, R.R.S. 1943, 28-904.