Alaska Statutes
Alaska Stat. § 11.81.400 (2026)
Justification: Use of force in resisting or interfering with arrest
✓ current as of July 2026
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Sec. 11.81.400. Justification: Use of force in resisting or interfering with arrest.
(a) A person may not use force to resist personal arrest or interfere with the arrest of another by a peace officer who is known by the person, or reasonably appears, to be a peace officer, whether the arrest is lawful or unlawful, unless
(1) the force used by the peace officer exceeds that allowed under AS 11.81.370.
(2) [Repealed, § 1 ch 63 SLA 1982.]
(b) The use of force justified under this section in resisting arrest or interfering with the arrest of another may not exceed the use of force justified under AS 11.81.330 or 11.81.335.
(c) [Repealed, § 1 ch 63 SLA 1982.]
(d) [Repealed, § 1 ch 63 SLA 1982.]
(a) A person may not use force to resist personal arrest or interfere with the arrest of another by a peace officer who is known by the person, or reasonably appears, to be a peace officer, whether the arrest is lawful or unlawful, unless
(1) the force used by the peace officer exceeds that allowed under AS 11.81.370.
(2) [Repealed, § 1 ch 63 SLA 1982.]
(b) The use of force justified under this section in resisting arrest or interfering with the arrest of another may not exceed the use of force justified under AS 11.81.330 or 11.81.335.
(c) [Repealed, § 1 ch 63 SLA 1982.]
(d) [Repealed, § 1 ch 63 SLA 1982.]
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1984–2026 · leading case: Jurco v. State, 825 P.2d 909 (Alaska Ct. App. 1992).
Jurco v. State, 825 P.2d 909 (Alaska Ct. App. 1992). “However, the legislature specifically reinstated a citizen's right to forcibly resist an illegal arrest when it enacted the original version of AS 11.81.400, contained in section 10 of chapter 166, SLA 1978: Justification: Use Of Force In Resisting Or Interfering With Arrest.”
Rich v. State, 44 A.3d 1063 (Md. Ct. Spec. App. 2012). “, Alaska Stat. § 11.81.400 (a)(1) (2012); 720 Ill.”
Carson v. State, 736 P.2d 356 (Alaska Ct. App. 1987). “Under AS 11.81.400, force may be used to resist an arrest that is made by a peace officer only when the officer has used excessive force: Justification: Use of force in resisting or interfering with arrest, (a) A person may not use force to resist personal arrest or interfere…”
Brown v. Anchorage, 680 P.2d 100 (Alaska Ct. App. 1984). “Budd obtained assistance and Brown and Peterson were arrested. Brown contends that the trial court erred in refusing to give a jury instruction on use of force in resisting arrest.”
Rollins v. State, 757 P.2d 601 (Alaska Ct. App. 1988). “370, and AS 11.81.400. Our recent decision in Carson v.”
Melson v. Mun. of Anchorage, 60 P.3d 199 (Alaska Ct. App. 2002). “2 That ruling is now codified in AS 11.81.400(a). 3 But Melson argues that this rule should not apply to his case.”
Walsh v. State, 758 P.2d 124 (Alaska Ct. App. 1988). “See AS 11.81.400 (precluding use of force to resist an arrest by a police officer).”
Antonio Francisco Mika’ele Hawelu v. Brian Hibbs (D. Alaska 2026). “15 Alaska Stat. § 11.81.400 (a) (providing that “[a] person may not use force to resist personal arrest or interfere with the arrest of another by a peace officer" unless "the force used by the peace officer exceeds that allowed under AS 11.”
Carson v. State, 742 P.2d 782 (Alaska 1987). “With respect to permissible use of force to resist an arrest, AS 11.81.400, the court instructed: A person may not use force to resist the arrest of himself by a peace officer who is known to him or reasonably appears to be a police officer, whether the arrest is lawful or…”
— Alaska Stat. § 11.81.400(a) — 1 case
Melson v. Mun. of Anchorage, 60 P.3d 199 (Alaska Ct. App. 2002). “2 That ruling is now codified in AS 11.81.400(a). 3 But Melson argues that this rule should not apply to his case.”
— Alaska Stat. § 11.81.400(b) — 1 case
Carson v. State, 736 P.2d 356 (Alaska Ct. App. 1987). “Under AS 11.81.400, force may be used to resist an arrest that is made by a peace officer only when the officer has used excessive force: Justification: Use of force in resisting or interfering with arrest, (a) A person may not use force to resist personal arrest or interfere…”
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