S.D. Codified Laws § 22-11-4

Resisting arrest--Misdemeanor

Applied in 11 court decisions — leading case State v. Huber (1984)

Most recently applied in State v. Langen (June 2021)

Source: SL 1976, ch 158, § 11-2; SL 2005, ch 120, § 194.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Any person who intentionally prevents or attempts to prevent a law enforcement officer, acting under color of authority, from effecting an arrest of the actor or another, by:

(1) Using or threatening to use physical force or violence against the law enforcement officer or any other person; or

(2) Using any other means which creates a substantial risk of causing physical injury to the law enforcement officer or any other person;

is guilty of resisting arrest. Resisting arrest is a Class 1 misdemeanor.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.