Texas Codes
Tex. Penal Code § 38.03 (2026)
Resisting Arrest, Search, Or Transportation
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Sec. 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION. (a) A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.
(b) It is no defense to prosecution under this section that the arrest or search was unlawful.
(c) Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third degree if the actor uses a deadly weapon to resist the arrest or search.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Acts 1991, 72nd Leg., ch. 277, Sec. 1, 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Notes of Decisions
Cited in 315
cases (42 in the last 5 years), 1975–2026 · leading case: Dobbs, Atha Albert, 434 S.W.3d 166 (Tex. Crim. App. 2014).
Dobbs, Atha Albert, 434 S.W.3d 166 (Tex. Crim. App. 2014). “A jury convicted appellant of that offense after he, during an attempt by police officers to arrest him at his home, exhibited a firearm, refused to put the weapon down when ordered to do so, and expressed his intent to use the firearm to shoot himself, but never threatened to…”
Sartain v. State, 228 S.W.3d 416 (Tex. App.—Fort Worth 2007). “Further, one who runs away or makes an effort to shake off an officer's detaining grip may be guilty of evading arrest under section 38.”
Campbell v. State, 128 S.W.3d 662 (Tex. App.—Waco 2004). “Tex. Pen.Code Ann. § 38.03(a), (d) (Vernon 1994).”
William Bryan Finley, Ill v. State, 449 S.W.3d 145 (Tex. App.—Austin 2014). “” 1 See Tex. Penal Code § 38.03. According to Fuller, Finley answered the door, told Fuller that Boyd was sleeping, and “refused to let [Fuller] speak to [Boyd] .”
Derrick Newman v. James Guedry, 703 F.3d 757 (5th Cir. 2012). “On appeal, the officers assert that Newman violated Texas Penal Code § 38.03—Resisting Arrest, Search, or Transportation—because a “struggle ensued,” and Guedry’s pat-down search was “never completed.”
State v. Brown, 314 S.W.3d 487 (Tex. App.—Texarkana 2010). “See TEX. PENAL CODE ANN. § 38.04. Brown further relies on the language of Section 38.”
Finley, William Bryan Iii, 484 S.W.3d 926 (Tex. Crim. App. 2016). “Tex. Penal Code § 38.03 (West 2011). . Dobbs v.”
Bryant v. State, 923 S.W.2d 199 (Tex. App.—Waco 1996). “Tex. Penal Code Ann. § 38.03 (Vernon 1994).”
Ortega v. State, 171 S.W.3d 895 (Tex. Crim. App. 2005). “03, entitled Resisting Arrest, Search or Transportation, states: (a) A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search,…”
Lofton v. State, 45 S.W.3d 649 (Tex. Crim. App. 2001). “" Texas Penal Code § 38.03(a). In order to be entitled to an instruction on the lesser offense of resisting arrest, there must be some evidence to permit a jury rationally to find that appellant is guilty only of the lesser, and not of the greater.”
Hartis v. State, 183 S.W.3d 793 (Tex. App.—Houston [14th Dist.] 2005). “Appellant was taken to the Austin County Jail and was subsequently charged by information with “prevent[ing] or obstructing]” Palmer “from effecting an arrest, a search, or transportation,” a violation of Tex. Pen. Code Ann. § 38.03 (Vernon 2002).”
Reynaldo Ramirez v. Jim Wells Cnty., 716 F.3d 369 (5th Cir. 2013). “Tex. Penal Code Ann. § 38.03 (West 2009).”
Tex. Penal Code § 38.03(a): 121 cases
Dobbs, Atha Albert, 434 S.W.3d 166 (Tex. Crim. App. 2014). “A jury convicted appellant of that offense after he, during an attempt by police officers to arrest him at his home, exhibited a firearm, refused to put the weapon down when ordered to do so, and expressed his intent to use the firearm to shoot himself, but never threatened to…”
Campbell v. State, 128 S.W.3d 662 (Tex. App.—Waco 2004). “Tex. Pen.Code Ann. § 38.03(a), (d) (Vernon 1994).”
Lofton v. State, 45 S.W.3d 649 (Tex. Crim. App. 2001). “" Texas Penal Code § 38.03(a). In order to be entitled to an instruction on the lesser offense of resisting arrest, there must be some evidence to permit a jury rationally to find that appellant is guilty only of the lesser, and not of the greater.”
Sartain v. State, 228 S.W.3d 416 (Tex. App.—Fort Worth 2007). “Further, one who runs away or makes an effort to shake off an officer's detaining grip may be guilty of evading arrest under section 38.”
William Bryan Finley, Ill v. State, 449 S.W.3d 145 (Tex. App.—Austin 2014). “” 1 See Tex. Penal Code § 38.03. According to Fuller, Finley answered the door, told Fuller that Boyd was sleeping, and “refused to let [Fuller] speak to [Boyd] .”
Tex. Penal Code § 38.03(b): 21 cases
Hopper v. State, 86 S.W.3d 676 (Tex. App.—El Paso 2002).
Faust v. State, 491 S.W.3d 733 (Tex. Crim. App. 2015).
Sartain v. State, 228 S.W.3d 416 (Tex. App.—Fort Worth 2007). “Further, one who runs away or makes an effort to shake off an officer's detaining grip may be guilty of evading arrest under section 38.”
Sauceda v. City of San Benito, 78 F.4th 174 (5th Cir. 2023).
Padilla v. Mason, 169 S.W.3d 493 (Tex. App.—El Paso 2005).
Tex. Penal Code § 38.03(c): 6 cases
Anderson v. State, 707 S.W.2d 267 (Tex. App.—Houston [1st Dist.] 1986).
Garza v. Lumpkin, No. 1:23-cv-01457 (W.D. Tex. May 30, 2024).
Mitzi Gail Allgor v. State, No. 12-15-00032-CR (Tex. App.—Tyler May 20, 2015).
Mitzi Gail Allgor v. State, No. 12-15-00031-CR (Tex. App.—Tyler May 20, 2015).
Donny Joe Curry v. State, No. 06-14-00139-CR (Tex. App.—Texarkana Mar. 16, 2015).
Tex. Penal Code § 38.03(d): 9 cases
Dobbs, Atha Albert, 434 S.W.3d 166 (Tex. Crim. App. 2014). “A jury convicted appellant of that offense after he, during an attempt by police officers to arrest him at his home, exhibited a firearm, refused to put the weapon down when ordered to do so, and expressed his intent to use the firearm to shoot himself, but never threatened to…”
State v. Brown, 314 S.W.3d 487 (Tex. App.—Texarkana 2010). “See TEX. PENAL CODE ANN. § 38.04. Brown further relies on the language of Section 38.”
Pyykola v. State, 814 S.W.2d 462 (Tex. App. 1991).
Camp v. State, 13 S.W.3d 805 (Tex. App.—Eastland 2000).
Vernon Busby, Jr. v. State, No. 07-20-00001-CR, 2021 Tex. App. LEXIS 1891 (Tex. App.—Amarillo Mar. 11, 2021).
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