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Pennsylvania Consolidated Statutes

18 Pa. Cons. Stat. § 5104 (2026)

 Resisting arrest or other law enforcement.

✓ current as of May 2026
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§ 5104.  Resisting arrest or other law enforcement.

A person commits a misdemeanor of the second degree if, with the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty, the person creates a substantial risk of bodily injury to the public servant or anyone else, or employs means justifying or requiring substantial force to overcome the resistance.

 

Cross References.  Section 5104 is referred to in section 5104.3 of this title.

Notes of Decisions
Cited in 275 cases (61 in the last 5 years), 1975–2026 · leading case: Commonwealth v. Finnecy, 135 A.3d 1028 (Pa. Super. Ct. 2016).
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Commonwealth v. Finnecy, 135 A.3d 1028 (Pa. Super. Ct. 2016). · cites it 4× “18 Pa.C.S. § 5104 (emphasis added). Notably, resisting arrest contains alternative bases for liability, i.”
Commonwealth v. Jackson, 907 A.2d 540 (Pa. Super. Ct. 2006). · cites it 6× “During the officer's attempts to arrest him, Jackson continued to struggle, resulting in the charge of resisting arrest under 18 Pa.C.S. § 5104. Jackson asserts that the evidence was insufficient to sustain his conviction under that statute.”
United States v. Davis, 139 S. Ct. 2319 (2019). “" 18 Pa. Cons. Stat. § 5104 (2015) (emphasis added).”
Com. v. Muhammad, R., 289 A.3d 1078 (Pa. Super. Ct. 2023). · cites it 4× “118 Pa.C.S. §§ 5104 and 6106. Muhammad was found not guilty of person not to possess a firearm and two counts each of conspiracy to commit forgery and forgery.”
In the Interest of Barry W., 621 A.2d 669 (Pa. Super. Ct. 1993). · cites it 12× “§ 2702(a)(3), and resisting arrest, 18 Pa.C.S. § 5104. A divided panel of this Court found the evidence insufficient as to the offense of resisting arrest but affirmed the adjudication of delinquency on the basis of the charges of aggravated assault.”
Commonwealth v. Hock, 728 A.2d 943 (Pa. 1999). · cites it 4× “Hock was subsequently charged with resisting arrest, 18 Pa.C.S. § 5104, and disorderly conduct, 18 Pa.”
Commonwealth v. Soto, 202 A.3d 80 (Pa. Super. Ct. 2018). · cites it 2× “18 Pa.C.S. § 5104. Section 5104 criminalizes two types of conduct intended to prevent a lawful arrest: the creation of a substantial risk of bodily injury to the officer or anyone else or means justifying or requiring a substantial force to overcome.”
Commonwealth v. Shiffler, 879 A.2d 185 (Pa. 2005). · cites it 2× “[4] 18 Pa.C.S. § 5104. [5] One of the charges stemmed from a burglary committed on October 5, 1996, and the remaining two charges stemmed from two separate burglaries both committed on February 16, 1997.”
Schemberg v. Smicherko, 85 A.3d 1071 (Pa. Super. Ct. 2014). · cites it 3× “18 Pa.C.S. § 5104. The trial court rejected Plaintiffs negligence per se claim based upon violation of this statute upon the following analysis: “[f]leeing the scene of a summary arrest, without more, does not create a substantial risk of bodily harm to a police officer.”
Commonwealth v. Kelley, 136 A.3d 1007 (Pa. Super. Ct. 2016). “4 18 Pa.C.S. § 5104. 1 . To the extent the Commonwealth argues, or the court suggests, Appellant waived his claims, we reject those contentions.”
Commonwealth v. Biagini, 655 A.2d 492 (Pa. 1995). · cites it 4× “In applying the above standard to the cases at issue we first look at the elements of resisting arrest as set forth within the Crimes Code at 18 Pa.C.S. § 5104: A person commits a misdemeanor of the second degree if, with the intent of preventing a public servant from effecting…”
Commonwealth v. Millisock, 873 A.2d 748 (Pa. Super. Ct. 2005). “If counsel files an Anders brief, Appellant shall be given the opportunity to file a brief with new counsel or pro se within forty-five (45) days of receipt of present counsel’s Motion to Withdraw.”
Show all 275 citing cases →
— 18 Pa. Cons. Stat. § 5104(a)(4) — 1 case
Com. v. Devine, R. (Pa. Super. Ct. 2025).
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