Resisting Officer Without Violence
Resisting, obstructing, or opposing a legally authorized officer without offering or doing violence.
Florida Statute
§ 843.02
Resisting officer without violence
Verified against the 2026 Florida Statutes: September 13, 2026
Case Law & Enforcement Cautions
Printed statutory elements and penalties must be read with these limitations.
Resisting Without Violence — Criticism Is Not Obstruction
Controlling limitation
- Section 843.02 requires lawful execution of a legal duty and actual obstruction or resistance. With limited exceptions, offensive words must be accompanied by obstructive physical conduct. Criticism, questioning, raised voices, or profanity alone do not automatically establish the offense.
- Words-only cases are narrowly fact-dependent; execution of process, lawful detention, or assistance with an imminent emergency may present different circumstances. Document the lawful duty and how the defendant actually obstructed it. Do not turn refusal to cooperate during a consensual encounter into an automatic resisting charge.
Targeted sources reviewed September 16, 2026; not a certification of all case law or the latest docket, mandate, or stay status. Verify current controlling law and agency/State Attorney guidance before enforcement. Statute-edition verification is separate from case-law review.
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
Nonviolent resistance, obstruction, or opposition during lawful execution of a legal duty.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
Required Facts
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.
- Element 2AND — Required
Required Facts
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
Jury Instructions
Instruction 21.2
Resisting Officer Without Violence
Florida Standard Jury Instruction for F.S. § 843.02.
View Official InstructionVerified against the official instruction source: September 13, 2026
Additional Notes
Additional Notes
Important
Record the legal duty or process, the officer's identity and authority, and the specific nonviolent obstructive conduct.