Resistance And Disobedience To A Person In Authority Or The Agent Of Such Person

Resistance and Disobedience

ART.151.

ELEMENTS – RESISTANCE & SERIOUS DISOBEDIENCE (par. 1):
1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender;
2. That the offender resists or seriously disobeys such person in authority or his agent; and
3. That the act of the offender is not included in the provisions of arts. 148, 149 and 150.

ELEMENTS – SIMPLE DISOBEDIENCE (par. 2)
1. That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender;
2. That the offender disobeys such agent of a person in authority; and
3. That such disobedience is not of a serious nature.

NOTES:

While being arrested and there’s serious resistance, person resisting must know that the one arresting him is an officer

Picketing (economic coercion) must be lawful otherwise police can disperse them

Disobedience in 2nd par. must not be serious. Otherwise it will fall under the 1st par.

Resistance mustn’t be serious otherwise it’s direct assault.

The accused must have knowledge that the person giving the order is a peace officer.


difference between serious disobedience and direct assault

direct assault vs. resistance and disobedience

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