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Current as of April 14, 2021 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - Texas Penal Code - PENAL § 38.03. Resisting Arrest, Search, or Transportation - last updated April 14, 2021 | https://codes.findlaw.com/tx/penal-code/penal-sect-38-03.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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