For passive resistance, which charge is most appropriate?

For passive resistance, which charge is most appropriate?

• A. Obstructing Governmental Administration
• B. Resisting Arrest
• C. Disorderly Conduct
• D. Criminal Mischief

Answer: (A)

Passive resistance centers on hindering a police officer or other government official in the execution of their duties, even when no force is used. That is exactly what obstructing governmental administration penalizes: any act that interferes with an officer's ability to perform official functions. When someone remains noncompliant or refuses to cooperate in a way that blocks the officer from doing their job, this offense applies. Resisting arrest would require actively fighting or fleeing during an arrest, so it’s a different scenario than simple passive noncooperation during an encounter. Disorderly conduct focuses on disturbing the public peace or causing a disruptive scene, which is broader and not specifically about hindering official duties. Criminal mischief involves damage or interference with someone else’s property, which isn’t the issue with passive resistance.

Passive resistance centers on hindering a police officer or other government official in the execution of their duties, even when no force is used. That is exactly what obstructing governmental administration penalizes: any act that interferes with an officer's ability to perform official functions. When someone remains noncompliant or refuses to cooperate in a way that blocks the officer from doing their job, this offense applies.

Resisting arrest would require actively fighting or fleeing during an arrest, so it’s a different scenario than simple passive noncooperation during an encounter. Disorderly conduct focuses on disturbing the public peace or causing a disruptive scene, which is broader and not specifically about hindering official duties. Criminal mischief involves damage or interference with someone else’s property, which isn’t the issue with passive resistance.