Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-2508 (2026)

Resisting arrest; classification; definition

✓ current as of May 2026
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A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace officer, acting under color of such peace officer's official authority, from effecting an arrest by:

1. Using or threatening to use physical force against the peace officer or another. 

2. Using any other means creating a substantial risk of causing physical injury to the peace officer or another.

3. Engaging in passive resistance.

B. Resisting arrest pursuant to subsection A, paragraph 1 or 2 of this section is a class 6 felony.  Resisting arrest pursuant to subsection A, paragraph 3 of this section is a class 1 misdemeanor.

C. For the purposes of this section, "passive resistance" means a nonviolent physical act or failure to act that is intended to impede, hinder or delay the effecting of an arrest.

 

Notes of Decisions
Cited in 87 cases (17 in the last 5 years), 1981–2025 · leading case: State of Arizona v. Samkeita Jahveh Jurden, 373 P.3d 543 (Ariz. 2016).
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State of Arizona v. Samkeita Jahveh Jurden, 373 P.3d 543 (Ariz. 2016). · cites it 35× “We hold that, regardless of the number of officers involved, § 13-2508 only permits one conviction when a defen *528 dant resists an arrest in the course of a single, continuous event.”
State v. Womack, 847 P.2d 609 (Ariz. Ct. App. 1992). · cites it 40× “[1] The statute defining the offense of resisting arrest, A.R.S. § 13-2508, states in pertinent part: A.”
State v. Jurden, 352 P.3d 455 (Ariz. Ct. App. 2015). · cites it 98× “The superior court sentenced Jurden to 10 years for 1Although Jurden’s altercation with police occurred in September 2012, the Arizona Legislature has not amended A.R.S. § 13-2508 since then. Thus, we cite to the current version of the statute.”
State v. Lee, 176 P.3d 712 (Ariz. Ct. App. 2008). · cites it 31× “As part of its analysis, the court noted that A.R.S. § 13-2508 was derived from Hawaii Revised Statutes § 710-1026.”
State v. Mitchell, 62 P.3d 616 (Ariz. Ct. App. 2003). · cites it 11× “Using or threatening to use physical force against the peace officer or another; A.R.S. § 13-2508 (emphasis added). Mitchell argues that he cannot be convicted of resisting arrest because his arrest was already complete when he was handcuffed.”
State v. Stroud, 103 P.3d 912 (Ariz. 2005). · cites it 6× “A.R.S. § 13-2508(A) (2001). A person commits second-degree escape by knowingly “[e]scaping or attempting to escape from custody imposed as a result of having been arrested for, charged with or found guilty of a felony.”
United States v. Margarito Flores-Cordero, 723 F.3d 1085 (9th Cir. 2013). · cites it 7× “§ 1326 under an agreement providing that the government could withdraw in the event that the presentence report reflected a prior conviction of a crime of violence.”
State v. Zavala, 666 P.2d 456 (Ariz. 1983). · cites it 8× “§ 13-1204(A)(5), resisting arrest, A.R.S. § 13-2508(A) and driving under the influence of intoxicating liquor, A.”
State v. Fontes, 986 P.2d 897 (Ariz. Ct. App. 1998). · cites it 4× “” A.R.S. § 13-2508(A). ¶ 5 Appellant first contends the off-duty deputy was not a “peace officer” “engaged in the execution of any official duties” or “acting under color of .”
State v. Barr, 904 P.2d 1258 (Ariz. Ct. App. 1995). · cites it 10× “A.R.S. § 13-2508. Finally, while the defendant was accused in the present case of intentionally disturbing the peace and quiet of a Commission employee by making unreasonable noise, at no time did the state explain that his prior acts concerned the same conduct.”
State v. Lopez, 786 P.2d 959 (Ariz. 1990). · cites it 6× “§ 13-703(F)(2) With respect to the death penalty, one of the two statutory aggravating circumstances found by the court was that defendant was previously convicted of a felony “involving the use or threat of violence on another person” under A.”
State v. Matthews, 428 P.3d 198 (Ariz. Ct. App. 2018). · cites it 15× “"Passive resistance" is defined as "a nonviolent physical act or failure to act that is intended to impede, hinder or delay the effecting of an arrest.”
Show all 87 citing cases →
— Ariz. Rev. Stat. § 13-2508(A) — 30 cases
State v. Lee, 176 P.3d 712 (Ariz. Ct. App. 2008). “As part of its analysis, the court noted that A.R.S. § 13-2508 was derived from Hawaii Revised Statutes § 710-1026.”
State of Arizona v. Samkeita Jahveh Jurden, 373 P.3d 543 (Ariz. 2016). “We hold that, regardless of the number of officers involved, § 13-2508 only permits one conviction when a defen *528 dant resists an arrest in the course of a single, continuous event.”
State v. Stroud, 103 P.3d 912 (Ariz. 2005). “A.R.S. § 13-2508(A) (2001). A person commits second-degree escape by knowingly “[e]scaping or attempting to escape from custody imposed as a result of having been arrested for, charged with or found guilty of a felony.”
State v. Zavala, 666 P.2d 456 (Ariz. 1983). “§ 13-1204(A)(5), resisting arrest, A.R.S. § 13-2508(A) and driving under the influence of intoxicating liquor, A.”
State v. Fontes, 986 P.2d 897 (Ariz. Ct. App. 1998). “” A.R.S. § 13-2508(A). ¶ 5 Appellant first contends the off-duty deputy was not a “peace officer” “engaged in the execution of any official duties” or “acting under color of .”
— Ariz. Rev. Stat. § 13-2508(A)(1) — 31 cases
State of Arizona v. Samkeita Jahveh Jurden, 373 P.3d 543 (Ariz. 2016). “We hold that, regardless of the number of officers involved, § 13-2508 only permits one conviction when a defen *528 dant resists an arrest in the course of a single, continuous event.”
State v. Lee, 176 P.3d 712 (Ariz. Ct. App. 2008). “As part of its analysis, the court noted that A.R.S. § 13-2508 was derived from Hawaii Revised Statutes § 710-1026.”
United States v. Margarito Flores-Cordero, 723 F.3d 1085 (9th Cir. 2013). “§ 1326 under an agreement providing that the government could withdraw in the event that the presentence report reflected a prior conviction of a crime of violence.”
State v. Jurden, 352 P.3d 455 (Ariz. Ct. App. 2015). “The superior court sentenced Jurden to 10 years for 1Although Jurden’s altercation with police occurred in September 2012, the Arizona Legislature has not amended A.R.S. § 13-2508 since then. Thus, we cite to the current version of the statute.”
State v. Lopez, 786 P.2d 959 (Ariz. 1990). “§ 13-703(F)(2) With respect to the death penalty, one of the two statutory aggravating circumstances found by the court was that defendant was previously convicted of a felony “involving the use or threat of violence on another person” under A.”
— Ariz. Rev. Stat. § 13-2508(A)(2) — 11 cases
State v. Womack, 847 P.2d 609 (Ariz. Ct. App. 1992). “[1] The statute defining the offense of resisting arrest, A.R.S. § 13-2508, states in pertinent part: A.”
State v. Lee, 176 P.3d 712 (Ariz. Ct. App. 2008). “As part of its analysis, the court noted that A.R.S. § 13-2508 was derived from Hawaii Revised Statutes § 710-1026.”
State v. Barr, 904 P.2d 1258 (Ariz. Ct. App. 1995). “A.R.S. § 13-2508. Finally, while the defendant was accused in the present case of intentionally disturbing the peace and quiet of a Commission employee by making unreasonable noise, at no time did the state explain that his prior acts concerned the same conduct.”
State v. Cagle, 266 P.3d 1070 (Ariz. Ct. App. 2011).
State of Arizona v. Nicolas Luviano, 530 P.3d 388 (Ariz. 2023).
— Ariz. Rev. Stat. § 13-2508(A)(3) — 10 cases
State of Arizona v. Samkeita Jahveh Jurden, 373 P.3d 543 (Ariz. 2016). “We hold that, regardless of the number of officers involved, § 13-2508 only permits one conviction when a defen *528 dant resists an arrest in the course of a single, continuous event.”
State v. Matthews, 428 P.3d 198 (Ariz. Ct. App. 2018). “"Passive resistance" is defined as "a nonviolent physical act or failure to act that is intended to impede, hinder or delay the effecting of an arrest.”
State of Arizona v. Nicolas Luviano, 530 P.3d 388 (Ariz. 2023).
State v. Ibarra (Ariz. Ct. App. 2020).
State v. Boozer (Ariz. Ct. App. 2017).
— Ariz. Rev. Stat. § 13-2508(A)(3)(C) — 1 case
Barnes v. Mingura (D. Ariz. 2023).
— Ariz. Rev. Stat. § 13-2508(B) — 5 cases
State of Arizona v. Nicolas Luviano, 530 P.3d 388 (Ariz. 2023).
State v. Lester (Ariz. Ct. App. 2019).
State v. Payan (Ariz. Ct. App. 2017).
State v. Graves (Ariz. Ct. App. 2023).
Brown v. Alexander (D. Ariz. 2021).
— Ariz. Rev. Stat. § 13-2508(C) — 6 cases
State of Arizona v. Samkeita Jahveh Jurden, 373 P.3d 543 (Ariz. 2016). “We hold that, regardless of the number of officers involved, § 13-2508 only permits one conviction when a defen *528 dant resists an arrest in the course of a single, continuous event.”
State v. Jurden, 352 P.3d 455 (Ariz. Ct. App. 2015). “The superior court sentenced Jurden to 10 years for 1Although Jurden’s altercation with police occurred in September 2012, the Arizona Legislature has not amended A.R.S. § 13-2508 since then. Thus, we cite to the current version of the statute.”
State v. Matthews, 428 P.3d 198 (Ariz. Ct. App. 2018). “"Passive resistance" is defined as "a nonviolent physical act or failure to act that is intended to impede, hinder or delay the effecting of an arrest.”
State v. Ibarra (Ariz. Ct. App. 2020).
State v. Anderson (Ariz. Ct. App. 2021).
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