(1) A person commits resisting arrest if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, by:
(a) Using or threatening to use physical force or violence against the peace
officer or another; or
(b) Using any other means which creates a substantial risk of causing bodily
injury to the peace officer or another.
(2) It is no defense to a prosecution under this section that the peace officer
was attempting to make an arrest which in fact was unlawful, if he was acting under
color of his official authority, and in attempting to make the arrest he was not
resorting to unreasonable or excessive force giving rise to the right of self-defense.
A peace officer acts under color of his official authority when, in the regular
course of assigned duties, he is called upon to make, and does make, a judgment in
good faith based upon surrounding facts and circumstances that an arrest should
be made by him.
(3) The term peace officer as used in this section and section 18-8-104
means a peace officer in uniform or, if out of uniform, one who has identified
himself by exhibiting his credentials as such peace officer to the person whose
arrest is attempted.
(4) Resisting arrest is a class 2 misdemeanor.
L. 71: R&RE, p. 454, § 1. C.R.S. 1963: § 40-8-103. L. 72: p. 593, § 69. L. 77: IP(1) amended, p. 965, § 37, effective July 1. L. 81: (1)(b) amended, p. 981, § 5, effective May 13.
