What element must be present for the charge of resisting arrest?

Prepare for the Pennsylvania Title 18 exam with comprehensive study materials. Explore flashcards and multiple-choice questions, each accompanied by explanations. Ensure readiness and confidence on exam day.

The charge of resisting arrest in Pennsylvania law requires the presence of specific intent, which is fundamentally about impeding or obstructing law enforcement officers in the performance of their duties. For someone to be charged with resisting arrest, there must be evidence that the individual intended to prevent a public servant from completing a lawful arrest. This intent reflects a direct challenge to the authority of law enforcement, as resisting arrest involves actions taken to evade apprehension or to prevent the officer from carrying out their responsibilities securely and effectively.

The correct answer’s focus on intent to prevent a public servant from effecting a lawful arrest is crucial because it establishes the mental state necessary for this crime. The law emphasizes that it doesn't matter whether the person being arrested actually committed a crime; the resistance itself is what's being penalized when it verges into unlawful behavior.

The other options relate to different behaviors or intentions that do not adequately capture the specific requirement of resisting arrest. Intent to flee from law enforcement focuses solely on the act of escaping and ignores the active resistance aspect, while intent to aid a public servant in duty contradicts the definition of resisting arrest. Lastly, intent to inform others of the arrest does not align with the core principle of preventing an arrest, as informing others does not itself constitute resistance

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy