Texas § PE.38.03 - RESISTING ARREST, SEARCH, OR TRANSPORTATION
Full text of Texas The Texas Constitution § PE.38.03 — RESISTING ARREST, SEARCH, OR TRANSPORTATION, with citation guidance and answers to common questions.
§ PE.38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION
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.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § PE.38.03
What does The Texas Constitution § PE.38.03 cover?
Section PE.38.03 ("RESISTING ARREST, SEARCH, OR TRANSPORTATION") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § PE.38.03?
A common citation format is "The Texas Constitution § PE.38.03" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § PE.38.03 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.