(1) A person commits the offense of resisting arrest if, while intentionally preventing or attempting to prevent a peace officer, acting under color of his or her official authority, from effecting an arrest of the actor or another, he or she:
(a) Uses or threatens to use physical force or violence against the peace officer or another; or
(b) Uses any other means which creates a substantial risk of causing physical injury to the peace officer or another; or
(c) Employs means requiring substantial force to overcome resistance to effecting the arrest.
(2) It is an affirmative defense to prosecution under this section if the peace officer involved was out of uniform and did not identify himself or herself as a peace officer by showing his or her credentials to the person whose arrest is attempted.
(3) Resisting arrest is (a) a Class I misdemeanor for the first such offense and (b) a Class IIIA felony for any second or subsequent such offense.
(4) Resisting arrest through the use of a deadly or dangerous weapon is a Class IIIA felony.
Notes of Decisions
Cited in
40
cases (
7 in the last 5 years), 1981–2025 · leading case:
Deezia v. City of Lincoln, 350 F. Supp. 3d 868 (D. Neb. 2018).
Deezia v. City of Lincoln, 350 F. Supp. 3d 868 (D. Neb. 2018).
· cites it 6× “§ 28-906 (1)(a) and resisting arrest under Neb. Rev. Stat. § 28-904 (1), both of which are misdemeanors.”
Waldron v. Roark, 874 N.W.2d 850 (Neb. 2016).
· cites it 4× “Here, there was clearly a door and no doubt that Roark “knocked” (rang the doorbell) and that Waldron answered the door. Moreover, whereas the officers in Mendoza were dressed in “raid gear” (vests and jackets with the word “Police” conspicuously displayed),23 Roark was not in…”
United States v. Davis, 139 S. Ct. 2319 (2019).
“150 (2016) ("substantial risk of serious physical injury or death"); Neb. Rev. Stat. § 28-904 (1)(b) (2016) ("substantial risk of causing physical injury"); Ore.”
State v. Figeroa, 767 N.W.2d 775 (Neb. 2009).
· cites it 2× “And failing that, the Legislature could amend the statutes relating to prosecutorial appeals, as the U.S. Congress has, to authorize the State to appeal whenever constitutionally permissible.”
State v. Campbell, 620 N.W.2d 750 (Neb. 2001).
· cites it 2× “§ 28-441 (Reissue 1995); resisting arrest under Neb. Rev. Stat. § 28-904 (Cum. Supp. 2000); and obstructing a peace officer under Neb.”
State v. Yeutter, 566 N.W.2d 387 (Neb. 1997).
· cites it 2× “§ 28-906 (Reissue 1989); and resisting arrest, Neb. Rev. Stat. § 28-904 (Reissue 1995). The district court for Dawson County sentenced Yeutter to 180 days’ imprisonment on each of the three convictions, with the sentences to run concurrently.”
Purnell v. State, 827 A.2d 68 (Md. 2003).
“§ 45-7-301 (2003); Neb.Rev.Stat. Ann. § 28-904 (Michie 2002); N.”
Thompson Awnings v. Joshua Fullerton, 912 F.3d 1089 (8th Cir. 2019).
“These charges included assault on an officer in the third degree, in violation of Neb. Rev. Stat. § 28-931 , assault in the third degree, in violation of Neb.”
State v. Donhauser, 435 N.W.2d 186 (Neb. 1989).
· cites it 3× “) Section 28-904 provides: “A person commits the offense of resisting arrest if, while intentionally preventing or attempting to prevent a peace officer, acting under color of his or her official authority, from effecting an arrest of the actor or another.”
Hardy v. City of Milwaukee, 88 F. Supp. 3d 852 (E.D. Wis. 2015).
· cites it 2× “§ 28-906, or for resisting arrest under Neb.Rev.Stat. § 28-904.” Id. at 968. But both of those statutes make it a crime to resist an officer “acting under color of his *877 or her official capacity.”
State v. White, 306 N.W.2d 906 (Neb. 1981).
· cites it 2× “Neb. Rev. Stat. § 28-904 (Reissue 1979) defines the crime of resisting arrest.”
Glenn v. State, 849 S.E.2d 409 (Ga. 2020).
“150 ; Neb. Rev. Stat. Ann. § 28-904 ; N.J. Stat.”
— Neb. Rev. Stat. § 28-904(1) — 4 cases
— Neb. Rev. Stat. § 28-904(1)(a) — 2 cases
— Neb. Rev. Stat. § 28-904(1)(c) — 2 cases
— Neb. Rev. Stat. § 28-904(3) — 1 case
— Neb. Rev. Stat. § 28-904(3)(a) — 1 case
— Neb. Rev. Stat. § 28-904(3)(b) — 2 cases
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