Nev. Rev. Stat. » NRS: CHAPTER 199 - CRIMES AGAINST PUBLIC JUSTICE

Nev. Rev. Stat. § 199.280

Resisting public officer

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NRS 199.280  Resisting public officer.  A person who, in any case or under any circumstances not otherwise specially provided for, willfully resists, delays or obstructs a public officer in discharging or attempting to discharge any legal duty of his or her office shall be punished:

      1.  Where a firearm is used in the course of such resistance, obstruction or delay, or the person intentionally removes, takes or attempts to remove or take a firearm from the person of, or the immediate presence of, the public officer in the course of such resistance, obstruction or delay, for a category C felony as provided in NRS 193.130.

      2.  Where a dangerous weapon, other than a firearm, is used in the course of such resistance, obstruction or delay, or the person intentionally removes, takes or attempts to remove or take a weapon, other than a firearm, from the person of, or the immediate presence of, the public officer in the course of such resistance, obstruction or delay, for a category D felony as provided in NRS 193.130.

      3.  Where no dangerous weapon is used in the course of such resistance, obstruction or delay, for a misdemeanor.

      [1911 C&P § 97; RL § 6362; NCL § 10046]—(NRS A 1967, 466; 1979, 1422; 1995, 1176; 2009, 163)

     

Notes of Decisions
Cited in 32 cases (7 in the last 5 years), 1977–2025 · leading case: Rosas v. State
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Rosas v. State (2006) nev · cites it 5× “Resisting a public officer is a lesser-included offense of battery upon an officer Rosas contends that resisting a public officer, a misdemeanor under NRS 199.280, is a lesser-included offense of battery upon an officer, the gross misdemeanor that Rosas was convicted of under…”
State v. Lisenbee (2000) nev · cites it 4× “Pursuant to NRS 199.280, it is a misdemeanor to resist, delay or obstruct a public officer in discharging or attempting to discharge any legal duty of his office.”
State v. Aloi (2007) conn · cites it 2× “Sixth Judicial District Court of Nevada, supra, 180-81.”
Nevada v. Kopp (2002) nev · cites it 2× “379; and (3) resisting arrest, a misdemeanor under NRS 199.280(2). Upon the issuance of the indictment, the State moved for dismissal of the criminal complaint in the justice's court.”
Hiibel v. Sixth Judicial District Court of the State of Nevada (2002) nev · cites it 2× “Hiibel was charged with and found guilty of resisting a public officer, in violation of NRS 199.280. 1 The justice of the peace in Humboldt County determined that “[Hiibel] was asked only for identification and failure to provide identification obstructed and delayed Dove as a…”
Parrish v. State (2000) nev “3385(3) and resisting and obstructing a public officer with the use of a dangerous weapon in violation of NRS 199.280(1). As permitted under NRS 453.”
State v. Steen (2011) washctapp “at 181 (citing former Nev. Rev. Stat. § 199.280 (1995)). According to the State, the legal duty that the officer was discharging at the time that the defendant “willfully resist [ed], delay [ed], or obstructed]” the officer derived from Nevada’s “stop and identify” statute: “1.”
Walker v. State (1986) nev · cites it 2× “Because the state may choose to retry Walker, we are compelled to address his argument concerning the failure of the trial court to grant him an instruction on the lesser offense of resisting a public officer, a violation of NRS 199.280. 1 This court has *294 consistently held…”
Beddow v. State (1977) nev · cites it 2× “NRS 199.280 reads in part: Every person who, in any case or under any circumstances not otherwise specially provided for, shall willfully resist, delay or obstruct a public officer in discharging or attempting to discharge any legal duty of his office shall be punished: 1.”
Marrs v. Tuckey (2005) mied “The basis for this charge, in turn, was Hiibel’s repeated refusal to identify himself during a police investigation of a report that a man had been seen assaulting a woman in a red and silver truck. When a deputy sheriff arrived at the scene and found Hii-bel standing by the…”
Hiibel v. SIXTH DIST. CT. EX REL. HUMBOLDT (2002) nev · cites it 2× “Hiibel was charged and found guilty of resisting a public officer, in violation of NRS 199.280. [1] The justice of the peace in Humboldt County determined that "[Hiibel] was asked only for identification and failure to provide identification obstructed and delayed Dove as a…”
Dumaine v. State (1987) nev “If Dumaine struck Neville under the circumstances described by Neville, this might well constitute resisting arrest, NRS 199.280, but it would not constitute the felony of battery by a prisoner in lawful custody.”
Show all 32 citing cases →
— Nev. Rev. Stat. § 199.280(1) — 2 cases
Parrish v. State (2000) nev “3385(3) and resisting and obstructing a public officer with the use of a dangerous weapon in violation of NRS 199.280(1). As permitted under NRS 453.”
Orpiada (Antonio) v. Warden (2017) nev
— Nev. Rev. Stat. § 199.280(2) — 1 case
Nevada v. Kopp (2002) nev “379; and (3) resisting arrest, a misdemeanor under NRS 199.280(2). Upon the issuance of the indictment, the State moved for dismissal of the criminal complaint in the justice's court.”
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