§ 3017

Resisting arrest (a) A person who intentionally attempts to prevent a lawful arrest on himself or herself, which is being effected or attempted by a law enforcement officer, when it would reasonably appear that the latter is a law enforcement officer, shall: (1) for the first offense, be imprisoned not more than one year or fined not more than $500.00, or both; (2) for the second offense and subsequent offenses, be imprisoned not more than two years or fined not more than $1,000.00, or both. (b) A defendant’s mistaken belief in the unlawfulness of the arrest shall not be a defense to a prosecution under this section. (c) A person may not be convicted of both an escape from lawful custody, as defined in subdivision 1501(a)(2) of this title, and a violation of this section. (Added 1995, No. 146 (Adj. Sess.), § 3.)