The state accuses the defendant of having committed the offense of resisting arrest.

Relevant Statutes

A person commits the offense of resisting arrest if the person intentionally prevents or obstructs a person he knows is a [peace officer/person acting in a peace officer’s presence and at his direction] from effecting an [arrest/search/transportation] of the person or another by using force against [the peace officer/another] [include the following if the alleged offense level is felony: and the person uses a deadly weapon to resist the arrest or search].

[Include the following if raised by the evidence.]

It is no defense that the arrest or search was unlawful.

Definitions

Intentionally Preventing Another from Effecting an Arrest, Search, or Transportation

“Intentionally preventing another from effecting an arrest, search, or transportation” means acting with the conscious objective or desire of preventing the arrest, search, or transportation.

Intentionally Obstructing Another from Effecting an Arrest, Search, or Transportation

“Intentionally obstructing another from effecting an arrest, search, or transportation” means acting with the conscious objective or desire to obstruct the arrest, search, or transportation.

Intentionally Using Force

“Intentionally using force” means to act with the conscious objective or desire to use force.

Peace Officer

“Peace officer” means a person lawfully elected, employed, or appointed as a peace officer.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, [three/four] elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], intentionally obstructed [name], a [peace officer/person acting in a peace officer’s presence and at the officer’s direction], from effecting an arrest of [name];
2. the defendant knew [name] was a [peace officer/person acting in a peace officer’s presence and at his direction]; [and]
3. the defendant did this by intentionally using force against [name], a [peace officer/person acting in a peace officer’s presence and at the officer’s direction], by [insert specific allegations, e.g., striking [name] with a hammer] [./; and]

[Include the following if raised by the evidence.]

4. the defendant used a deadly weapon, [insert specific weapon, e.g., a hammer] to resist the [arrest/search].

[Continue with the following.]

You must all agree on elements 1 through [3/4] listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1 through [3/4] above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the [three/four] elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]