A. Resisting Or Obstructing Public Officer: No person shall resist, delay, obstruct or intimidate any official or employee of the city in the performance of his or her official duty. (1975 Code § 9.08.010)
1. A person commits the offense of resisting arrest if he knowingly prevents or attempts to prevent the law enforcement officer from effecting an arrest by:
a. Using or threatening to use physical force or violence against the law enforcement officer or another; or
b. Using any other means which creates the risk of causing physical injury to the law enforcement officer or another.
2. It is no defense to a prosecution under this section that the arrest was unlawful, provided the law enforcement officer was acting under color of his official authority. (1975 Code § 9.08.020)
Notes
| 1 | 2. MCA § 45-7-301. |