Florida Statutes

Fla. Stat. § 776.051 (2025)

Use or threatened use of force in resisting arrest or making an arrest or in the execution of a legal duty; prohibition.

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776.051 Use or threatened use of force in resisting arrest or making an arrest or in the execution of a legal duty; prohibition.—

(1) A person is not justified in the use or threatened use of force to resist an arrest by a law enforcement officer, or to resist a law enforcement officer who is engaged in the execution of a legal duty, if the law enforcement officer was acting in good faith and he or she is known, or reasonably appears, to be a law enforcement officer.

(2) A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, is not justified in the use of force if the arrest or execution of a legal duty is unlawful and known by him or her to be unlawful.

History.—s. 13, ch. 74-383; s. 1192, ch. 97-102; s. 1, ch. 2008-67; s. 8, ch. 2014-195.

Notes of Decisions

Cited in 105 cases (3 in the last 5 years), 1975–2025 · leading case: Polite v. State, 973 So. 2d 1107 (Fla. 2007).

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Polite v. State, 973 So. 2d 1107 (Fla. 2007). · cites it 5× “The State's argument rests on section 776.051(1), Florida Statutes (2002), a provision in the chapter concerning the justifiable use of force.”

Ivester v. State, 398 So. 2d 926 (Fla. 1st DCA 1981). · cites it 8× “The motion to compel discovery was denied on the ground that a self-defense argument was "irrelevant and immaterial," because Section 776.051(1), Florida Statutes (1974), does not permit the use of force in resisting arrest.”

In Re Stand. Jury Instructions in Crim. Cases-Report No. 2009-01, 27 So. 3d 640 (Fla. 2010). · cites it 14× “6(g), Justifiable Use of Non-deadly Force, to conform with statutory changes brought about by the Legislature’s amendment to section 776.051, Florida Statutes (2008).”

Tillman v. State, 807 So. 2d 106 (Fla. 5th DCA 2002). · cites it 6× “01 must be read in pari materia with section 776.051; the end result being that the *109 use of force in resisting an arrest by a person reasonably known to be a law enforcement officer is unlawful notwithstanding the technical illegality of the arrest.”

Taylor v. State, 740 So. 2d 89 (Fla. 1st DCA 1999). · cites it 7× “In support of this argument, the state relies on section 776.051(1), Florida Statutes, which states that "[a] person is not justified in the use of force to resist an arrest by a law enforcement officer who is known, or reasonably appears, to be a law enforcement officer.”

In Re Stand. Jury Inst. in Crim. Cases No. 2007-03, 976 So. 2d 1081 (Fla. 2008). · cites it 4× “§ 776.051(1), Fla. Stat. A person is not justified in using force to resist an arrest by a law enforcement officer who is known to be, or reasonably appears to be a law enforcement officer.”

State v. Roy, 944 So. 2d 403 (Fla. 3d DCA 2006). · cites it 5× “Since both acts occurred after the *407 officer told the defendant he was under arrest, section 776.051 applies and prohibits the defendant from using violence to resist the arrest, even if the arrest was illegal.”

In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014). · cites it 11× “1, Resisting Officer with Violence, which currently provides: “A special instruction incorporating § 776.051(1), Fla. Stat. should be given when the defense claims the officer was acting unlawfully.”

State v. Saunders, 339 So. 2d 641 (Fla. 1976). · cites it 3× “74-383 § 13, Laws of Florida, now codified as Section 776.051 and effective July 1, 1975.”

Smiley v. State, 966 So. 2d 330 (Fla. 2007). · cites it 2× “1985) (discussing that the new jury instruction for the justifiable use of force in resisting arrest under section 776.051(c), Florida Statutes (1985), was of a "substantive nature") (quoting committee report).”

The Florida Bar Re: Stand. Jury Instructions Crim. Cases, 477 So. 2d 985 (Fla. 1985). · cites it 3× “Force in resisting A person is not justified in using force arrest to resist an arrest by a law enforcement officer who is known, or reasonably appears to be F.S. 776.051(1) and a law enforcement officer.”

In Re Jury Inst. in Cr. Cases (No. 2005-4), 930 So. 2d 612 (Fla. 2006). · cites it 4× “§ 776.051(1), Fla. Stat. A person is not justified in using force to resist an arrest by a law enforcement officer who is known to be, or reasonably appears to be a law enforcement officer.”

Show all 105 citing cases →

— 776.051(1) — 71 cases

Polite v. State, 973 So. 2d 1107 (Fla. 2007). “The State's argument rests on section 776.051(1), Florida Statutes (2002), a provision in the chapter concerning the justifiable use of force.”

Ivester v. State, 398 So. 2d 926 (Fla. 1st DCA 1981). “The motion to compel discovery was denied on the ground that a self-defense argument was "irrelevant and immaterial," because Section 776.051(1), Florida Statutes (1974), does not permit the use of force in resisting arrest.”

Taylor v. State, 740 So. 2d 89 (Fla. 1st DCA 1999). “In support of this argument, the state relies on section 776.051(1), Florida Statutes, which states that "[a] person is not justified in the use of force to resist an arrest by a law enforcement officer who is known, or reasonably appears, to be a law enforcement officer.”

Tillman v. State, 807 So. 2d 106 (Fla. 5th DCA 2002). “01 must be read in pari materia with section 776.051; the end result being that the *109 use of force in resisting an arrest by a person reasonably known to be a law enforcement officer is unlawful notwithstanding the technical illegality of the arrest.”

In Re Stand. Jury Inst. in Crim. Cases No. 2007-03, 976 So. 2d 1081 (Fla. 2008). “§ 776.051(1), Fla. Stat. A person is not justified in using force to resist an arrest by a law enforcement officer who is known to be, or reasonably appears to be a law enforcement officer.”

— 776.051(2) — 4 cases

In Re Stand. Jury Instructions in Crim. Cases-Report No. 2009-01, 27 So. 3d 640 (Fla. 2010). “6(g), Justifiable Use of Non-deadly Force, to conform with statutory changes brought about by the Legislature’s amendment to section 776.051, Florida Statutes (2008).”

In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989).

Stand. Jury Instructions in Crim. Cases (2003-1), 869 So. 2d 1205 (Fla. 2004).

Pani v. State, 361 So. 2d 170 (Fla. 3d DCA 1978).

— 776.051(c) — 1 case

Smiley v. State, 966 So. 2d 330 (Fla. 2007). “1985) (discussing that the new jury instruction for the justifiable use of force in resisting arrest under section 776.051(c), Florida Statutes (1985), was of a "substantive nature") (quoting committee report).”

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