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1 Criminal Code; Obstructing Governmental Operations; Resisting Arrest or Detention. Amend RSA 642:2 to read as follows:
642:2 Resisting Arrest or Detention. A person is guilty of a misdemeanor when the person knowingly or purposely physically interferes with a person recognized to be a law enforcement official, including a probation or parole officer, seeking to effect an arrest or detention of the person or another regardless of whether there is a legal basis for the arrest. A person is guilty of a class B felony if the act of resisting arrest or detention causes serious bodily injury, as defined in RSA 625:11, VI, to another person. Verbal protestations alone shall not constitute resisting arrest or detention.
2 Effective Date. This act shall take effect January 1, 2025.
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1 Criminal Code; Obstructing Governmental Operations; Resisting Arrest or Detention. Amend RSA 642:2 to read as follows:
642:2 Resisting Arrest or Detention. A person is guilty of a misdemeanor when the person knowingly or purposely physically interferes with a person recognized to be a law enforcement official, including a probation or parole officer, seeking to effect an arrest or detention of the person or another . A person is guilty of a class B felony if the act of resisting arrest or detention causes serious bodily injury, as defined in RSA 625:11, VI, to another person. Verbal protestations alone shall not constitute resisting arrest or detention. A legal finding that an arrest was unlawful or unconstitutional shall constitute an affirmative defense to any prosecution under this section.
2 Effective Date. This act shall take effect January 1, 2025.