Florida Statutes

Fla. Stat. § 843.01 (2025)

Resisting, obstructing, or opposing by offering or doing violence to legally authorized person, police canine, or police horse.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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843.01 Resisting, obstructing, or opposing by offering or doing violence to legally authorized person, police canine, or police horse.—

(1) Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Whoever knowingly and willfully resists, obstructs, or opposes a police canine or police horse as defined in s. 843.19(1)(a), working at the direction of or in tandem with any officer or legally authorized person listed in subsection (1), by offering or doing violence to the police canine or police horse, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 1, ch. 3276, 1881; RS 2580; GS 3500; RGS 5385; CGL 7524; s. 1, ch. 28118, 1953; s. 1, ch. 61-66; s. 1, ch. 63-234; s. 1, ch. 63-433; ss. 1, chs. 65-198, 65-226; s. 3, ch. 67-2207; ss. 20, 25, 33, 35, ch. 69-106; s. 1034, ch. 71-136; s. 32, ch. 73-334; s. 1, ch. 77-174; s. 1, ch. 78-116; s. 20, ch. 79-3; s. 26, ch. 79-8; s. 1, ch. 79-149; s. 5, ch. 85-87; s. 40, ch. 88-122; s. 1, ch. 88-373; s. 50, ch. 88-381; s. 43, ch. 89-526; s. 18, ch. 2014-191; s. 1, ch. 2023-110.

Arrestable Offenses under F.S. 843.01

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§843.01(1)RESIST OFFICERRESIST OFFICER WITH VIOLENCEF · 3rd

§843.01(2)RESIST OFFICERRESIST POLICE CANINE/HORSE W/ VIOLENCEF · 3rd

§843.01RESIST OFFICERRENUMBERED. SEE REC # 9897F · 3rd

Notes of Decisions

Cited in 383 cases (28 in the last 5 years), 1945–2025 · 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 33× “§ 843.01, Fla. Stat. Section 843.01 was originally enacted in 1881 and has, remarkably, remained relatively unchanged since that time.”

Wallace v. State, 724 So. 2d 1176 (Fla. 1998). · cites it 18× “1st DCA 1996), on the issue of whether section 843.01, Florida Statutes (1993), permits more than one conviction predicated on a single incident during which a person resists multiple officers attempting to effect a single arrest.”

Manuel Cano v. U.S. Attorney Gen., 709 F.3d 1052 (11th Cir. 2013). · cites it 17× “The question before us is whether his 2003 Florida conviction for resisting an officer with violence, in violation of Fla. Stat. § 843.01 , is also a crime involving moral turpitude.”

Bautista v. State, 863 So. 2d 1180 (Fla. 2003). · cites it 5× “We analyzed the language of section 843.01, Florida Statutes (1993), which provides: Whoever knowingly and willfully resists, obstructs, or opposes any officer .”

United States v. Keenan Joyner, 882 F.3d 1369 (11th Cir. 2018). · cites it 4× “Sentencing In its presentence briefing, the government argued that defendant Joyner qualified as an armed career criminal under the ACCA based upon these prior Florida felony convictions: (1) a 2005 conviction for resisting an officer with violence, in violation of Fla. Stat. §…”

Soverino v. State, 356 So. 2d 269 (Fla. 1978). · cites it 8× “[3] § 843.01, Fla. Stat. (1975), reads as follows: "Resisting officer with violence to his person.”

Ivester v. State, 398 So. 2d 926 (Fla. 1st DCA 1981). · cites it 8× “§ 843.01, Fla. Stat. Concerning the proof of the defendant's identity at trial, appellant Danny Lee Ivester argues that the state had the burden to prove his identity beyond a reasonable doubt.”

United States v. Edwin DeShazior, 882 F.3d 1352 (11th Cir. 2018). · cites it 3× “He further contended that his sentence could not be enhanced based on these prior convictions because they were not alleged in the indictment.”

State v. Henriquez, 485 So. 2d 414 (Fla. 1986). · cites it 8× “§ 843.01, Fla. Stat. (1983). The elements of battery on a law enforcement officer are 1) knowingly 2) actually 3) intentionally 4) touching or striking 5) against the will 6) of a law enforcement officer 7) engaged in the lawful performance of his duties.”

Frey v. State, 708 So. 2d 918 (Fla. 1998). · cites it 7× “§ 843.01, Fla. Stat. (1993). The statute's plain language reveals that no heightened or particularized, i.”

John Coffin v. Stacy Brandau, 642 F.3d 999 (11th Cir. 2011). · cites it 2× “03(1); resisting an officer with violence under Fla. Stat. Ann. § 843.01 ; two counts of use of a weapon on a law enforcement officer under Fla.”

Scullock v. State, 377 So. 2d 682 (Fla. 1979). · cites it 11× “This is an appeal from a circuit court's judgment which directly upheld the constitutional validity of that portion of section 843.01, Florida Statutes (1977), which makes unlawful an offer to do violence to a law enforcement officer.”

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