State v. Toelaer

Defendant seeks reversal of his conviction for resisting arrest, ORS 162.315, because of the trial court’s refusal to give his requested instruction on the essential elements of the crime charged. We affirm.

The crime of resisting arrest is defined in ORS 162.315:

“(1) A person commits the crime of resisting arrest if he intentionally resists a person known by him to be a peace officer in making an arrest.

“(2) ‘Resists,’ as used in this section, means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person.

“(3) It…