Wisconsin Statutes
Wis. Stat. § 946.41 (2026)
Resisting or obstructing officer
✓ current as of July 2026
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946.41(1)(1) Except as provided in subs. (2m) and (2r), whoever knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority is guilty of a Class A misdemeanor.
946.41(2)(a)(a) “Obstructs” includes without limitation knowingly giving false information to the officer or knowingly placing physical evidence with intent to mislead the officer in the performance of his or her duty including the service of any summons or civil process.
946.41(2)(b)(b) “Officer” means a peace officer or other public officer or public employee having the authority by virtue of the officer’s or employee’s office or employment to take another into custody.
946.41(2)(c)(c) “Soft tissue injury” means an injury that requires medical attention to a tissue that connects, supports, or surrounds other structures and organs of the body and includes tendons, ligaments, fascia, skin, fibrous tissues, fat, synovial membranes, muscles, nerves, and blood vessels.
946.41(2m)(2m) Whoever violates sub. (1) under all of the following circumstances is guilty of a Class H felony:
946.41(2m)(a)(a) The violator gives false information or places physical evidence with intent to mislead an officer.
946.41(2m)(b)(b) At a criminal trial, the trier of fact considers the false information or physical evidence.
946.41(2r)(2r) Whoever violates sub. (1) and causes substantial bodily harm or a soft tissue injury to an officer is guilty of a Class H felony.
946.41(2t)(2t) Whoever violates sub. (1) and causes great bodily harm to an officer is guilty of a Class G felony.
946.41(3)(3) Whoever by violating this section hinders, delays or prevents an officer from properly serving or executing any summons or civil process, is civilly liable to the person injured for any actual loss caused thereby and to the officer or the officer’s superior for any damages adjudged against either of them by reason thereof.
946.41 HistoryHistory: 1977 c. 173; 1983 a. 189; 1989 a. 121; 1993 a. 486; 2001 a. 109; 2009 a. 251; 2011 a. 74.
946.41 AnnotationThe state must prove that the accused knew that the officer was acting in an official capacity and knew that the officer was acting with lawful authority when the accused allegedly resisted or obstructed the officer. State v. Lossman, 118 Wis. 2d 526, 348 N.W.2d 159 (1984).
946.41 AnnotationKnowingly providing false information with intent to mislead is obstruction as a matter of law. State v. Caldwell, 154 Wis. 2d 683, 454 N.W.2d 13 (Ct. App. 1990).
946.41 AnnotationNo law allows officers to arrest for obstruction on a person’s refusal to give the person’s name. Mere silence is insufficient to constitute obstruction. Henes v. Morrissey, 194 Wis. 2d 338, 533 N.W.2d 802 (1995).
946.41 AnnotationFleeing and hiding from an officer may constitute obstructing. State v. Grobstick, 200 Wis. 2d 242, 546 N.W.2d 187 (Ct. App. 1996), 94-1045.
946.41 AnnotationThere is no exculpatory denial exception under this section. The statute criminalizes all false statements knowingly made and with intent to mislead the police. The state should have sound reasons for believing that a defendant knowingly made false statements with intent to mislead the police and not out of a good-faith attempt to defend against accusations of a crime. The latter can never include the former. State v. Reed, 2005 WI 53, 280 Wis. 2d 68, 695 N.W.2d 315, 03-1781.
946.41 Annotation“Lawful authority,” as that term is used in sub. (1), requires that police conduct be in compliance with both the federal and state constitutions, in addition to any applicable statutes. State v. Ferguson, 2009 WI 50, 317 Wis. 2d 586, 767 N.W.2d 187, 07-2095.
Notes of Decisions
Cited in 211
cases (54 in the last 5 years), 1964–2026 · leading case: State v. Richard L. Weber, 2016 WI 96 (Wis. 2016).
State v. Richard L. Weber, 2016 WI 96 (Wis. 2016). “573 (1); and resisting an officer, contrary to Wis. Stat. § 946.41 (1). On August 14, 2012, an information was filed in the case.”
State v. Robert Joseph Stietz, 2017 WI 58 (Wis. 2017). “2014AP2701-CR Wis. Stat. § 946.41 (1) (2013-14),3 and intentionally pointing a firearm at an officer, § 941.”
State v. Reed, 2005 WI 53 (Wis. 2005). “"However, if a passenger chooses to answer but gives the officer false information, the passenger can be charged with obstructing an officer in violation of Wis. Stat. § 946.41 (1)." [7] Id., ¶ 65 .”
State v. Ferguson, 2009 WI 50 (Wis. 2009). “Ferguson (Ferguson) of misdemeanor obstructing an officer pursuant to Wis. Stat. § 946.41 (1) (2005-06). [3] The issue presented is whether the facts of this case required the circuit court to instruct the jury that in order for Ferguson to have violated § 946.”
State v. Lossman, 348 N.W.2d 159 (Wis. 1984). “Again this court in Elbaum did not engage in statutory construction when it defined sec. 946.41, Stats., to require proof that the accused knew or believed he was resisting *539 the officer while the officer was acting in his official capacity with lawful authority.”
State v. Young, 2006 WI 98 (Wis. 2006). “62(1)(b); obstructing an officer as a repeater, in violation of Wis. Stat. §§ 946.41 (1) and 939.62(1)(a), for running from Alfredson after being ordered to stop; and resisting an officer as a repeater, in violation of §§ 946.”
State v. Steven T. Delap, 913 N.W.2d 175 (Wis. 2018). “¶21 The defendant was charged with one count of obstructing an officer in violation of Wis. Stat. § 946.41 (1) and possession of drug paraphernalia in violation of Wis.”
State v. Williams, 2001 WI 21 (Wis. 2001). “It is a violation of Wis. Stat. § 946.41 (1) to "obstruct[]" a police officer by "knowingly giving false information to the officer .”
State v. Griffith, 2000 WI 72 (Wis. 2000). “If the officer lacked lawful authority to pose these questions to the passenger, then the passenger did not violate Wis. Stat. § 946.41 (1)(1995-96), [1] obstructing an officer.”
Hardy v. City of Milwaukee, 88 F. Supp. 3d 852 (E.D. Wis. 2015). “In doing so, it engaged in a textual analysis of Wis. Stat. § 946.41 (1), identifying the following four elements: “(1) resistance or obstruction of an officer, occurring while *871 the officer (2) was acting in official capacity and (3) with lawful authority, and (4) further…”
State v. Courtney C. Beamon, 2013 WI 47 (Wis. 2013). “28 (2), resisting an officer contrary to Wis. Stat. § 946.41 (1), attempting to disarm a peace officer contrary to Wis.”
Pullen v. House, 88 F. Supp. 3d 927 (W.D. Wis. 2015). “After plaintiff faded to comply with some of Michelson’s orders, Michelson and defendant Cary House (another Madison police officer, who arrived on the scene shortly after plaintiff was stopped) subjected plaintiff to a “knee strike” and three taser strikes and then handcuffed…”
— Wis. Stat. § 946.41(1) — 88 cases
State v. Lossman, 348 N.W.2d 159 (Wis. 1984). “Again this court in Elbaum did not engage in statutory construction when it defined sec. 946.41, Stats., to require proof that the accused knew or believed he was resisting *539 the officer while the officer was acting in his official capacity with lawful authority.”
State v. Ferguson, 2009 WI 50 (Wis. 2009). “Ferguson (Ferguson) of misdemeanor obstructing an officer pursuant to Wis. Stat. § 946.41 (1) (2005-06). [3] The issue presented is whether the facts of this case required the circuit court to instruct the jury that in order for Ferguson to have violated § 946.”
State v. Richard L. Weber, 2016 WI 96 (Wis. 2016). “573 (1); and resisting an officer, contrary to Wis. Stat. § 946.41 (1). On August 14, 2012, an information was filed in the case.”
State v. Young, 2006 WI 98 (Wis. 2006). “62(1)(b); obstructing an officer as a repeater, in violation of Wis. Stat. §§ 946.41 (1) and 939.62(1)(a), for running from Alfredson after being ordered to stop; and resisting an officer as a repeater, in violation of §§ 946.”
State v. Grobstick, 546 N.W.2d 187 (Wis. Ct. App. 1996).
— Wis. Stat. § 946.41(2) — 2 cases
State v. Williams, 2001 WI 21 (Wis. 2001). “It is a violation of Wis. Stat. § 946.41 (1) to "obstruct[]" a police officer by "knowingly giving false information to the officer .”
State v. Caldwell, 454 N.W.2d 13 (Wis. Ct. App. 1990).
— Wis. Stat. § 946.41(2)(a) — 9 cases
State v. Caldwell, 454 N.W.2d 13 (Wis. Ct. App. 1990).
State v. Deets, 523 N.W.2d 180 (Wis. Ct. App. 1994).
State v. Dearborn, 2008 WI App 131 (Wis. Ct. App. 2008).
State v. Marty S. Madeiros (Wis. Ct. App. 2022).
Barken v. Sarenac (E.D. Wis. 2023).
— Wis. Stat. § 946.41(2m) — 4 cases
State v. Richard L. Weber, 2016 WI 96 (Wis. 2016). “573 (1); and resisting an officer, contrary to Wis. Stat. § 946.41 (1). On August 14, 2012, an information was filed in the case.”
Clapper v. Wisconsin Dep't of Corr., 946 F. Supp. 672 (E.D. Wis. 1996).
State v. Richard L. Weber (Wis. 2016).
State v. Richard L. Weber (Wis. 2016).
— Wis. Stat. § 946.41(2r) — 5 cases
State v. Richard L. Weber, 2016 WI 96 (Wis. 2016). “573 (1); and resisting an officer, contrary to Wis. Stat. § 946.41 (1). On August 14, 2012, an information was filed in the case.”
State v. Richard L. Weber (Wis. 2016).
State v. Richard L. Weber (Wis. 2016).
State v. Michael J. Foster (Wis. Ct. App. 2021).
State v. T. A. W. (Wis. Ct. App. 2025).
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