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Florida Criminal Offense

Resisting Officer Without Violence

Resisting, obstructing, or opposing a legally authorized officer without offering or doing violence.

MisdemeanorFirst Degree

Florida Statute

§ 843.02

Resisting officer without violence

Quick Summary

This is the nonviolent resisting track; distinguish it from section 843.01.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Resisting Without Violence

F.S. § 843.02

MisdemeanorFirst Degree

Nonviolent resistance, obstruction, or opposition during lawful execution of a legal duty.

Elements of the Offense

  1. Element 1

    The defendant resisted, obstructed, or opposed a law enforcement officer or other person described by the statute.

    Plain language: Identify the legally authorized person and obstructive conduct.

  2. Element 2

    The person was executing legal process or lawfully executing a legal duty and the resistance was without violence.

    Plain language: Document lawful-duty status and the absence of violence.

Jury Instructions

Instruction 21.2

Resisting Officer Without Violence

Florida Standard Jury Instruction for F.S. § 843.02.

View Official Instruction

Additional Notes

Important

Record the legal duty or process, the officer's identity and authority, and the specific nonviolent obstructive conduct.