RÉSUMÉ DIGEST
ACT 276 (HB 639) 2024 Regular Session Fontenot
Existing law provides relative to the crime of resisting an officer.
Existing law defines "resisting an officer" as the intentional interference with, opposition or
resistance to, or obstruction of an individual acting in his official capacity and authorized by
law to make a lawful arrest, lawful detention, or seizure of property or to serve any lawful
process or court order when the offender knows or has reason to know that the person
arresting, detaining, seizing property, or serving process is acting in his official capacity.
New law retains existing law.
Existing law defines "obstruction of" as used in existing law, in addition to its common
meaning, signification, and connotation, as the following:
(1) Flight by one sought to be arrested before the arresting officer can restrain him and
after notice is given that he is under arrest.
(2) Any violence toward or any resistance or opposition to the arresting officer after the
arrested party is actually placed under arrest and before he is incarcerated in jail.
(3) Refusal by the arrested or detained party to give his name and make his identity
known to the arresting or detaining officer or providing false information regarding
the identity of such party to the officer.
(4) Congregation with others on a public street and refusal to move on when ordered by
the officer.
(5) Knowing interference with a police cordon resulting from the intentional crossing or
traversing of a police cordon by an unauthorized person or an unmanned aircraft
system. The cordoned area includes the airspace above the cordoned area.
New law retains existing law and adds that "obstruction of" also means the failure to provide
or display the person's state issued driver's license or identification upon the officer's request
when the person is an operator of a motor vehicle, the person has been lawfully detained for
an alleged violation of a law, and the officer has exhausted all resources at his disposal to
verify the identity of the person.
Effective August 1, 2024.
(Adds R.S. 14:108(B)(1)(f))