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NRS 197.190. Free consultation.

Obstructing a police officer

Obstructing a police officer under NRS 197.190 is the intentional act of resisting, delaying, or opposing an officer performing their duties. It is a misdemeanor, with up to six months and a $1,000 fine, and it applies only where no other law covers the conduct. Using a weapon while resisting an officer is charged under a different statute, NRS 199.280. The charge is often filed alongside resisting arrest, battery on an officer, or disorderly conduct, and the intent element gives the defense real room to work.

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NRS 197.190Nevada · Misdemeanor

Obstructing a Police Officer

Nevada's obstruction statute criminalizes intentionally hindering, delaying, or obstructing a public officer performing lawful duties. It is a misdemeanor only, and it applies only where no other law covers the conduct. The charge frequently accompanies resisting arrest, battery on an officer, or disorderly conduct.

Charge level
Misdemeanor: up to 6 months, $1,000 fine
Weapon involved
Charged under NRS 199.280 instead (Category D or C felony)
Key element
Officer must have been performing lawful duties
Common stack
Resisting arrest, battery on officer, disorderly conduct
Key statutory language (abridged)

NRS 197.190 prohibits intentionally obstructing, hindering, or delaying a public officer in the performance of lawful duties, where no other penalty is prescribed by law. It is a misdemeanor, punishable by up to 6 months in jail and a $1,000 fine. It has no weapon or felony tier. Using a weapon while resisting an officer is charged under a different statute, NRS 199.280: a dangerous weapon other than a firearm is a…

Read NRS 197.190 on the Nevada Legislature siteDisorderly conduct defenseBattery defense
How charges typically arise

Example fact patterns

Examples of factual situations prosecutors commonly rely on when filing charges. These are simplified. The details of your case will differ.

Obstructing a police officerWhat the charge requires and how it arises
Resisting or delaying an officer
The most common form of the charge: physically resisting arrest, pulling away, refusing to comply with a lawful command, or taking any action that delays the officer in performing their duties. The statute covers both active resistance and passive obstruction. Refusing to identify yourself, blocking an officer's path, or preventing a search are all potential bases for the charge.
Verbal obstruction
In limited circumstances, words alone can be obstruction, if they are directed at third parties to interfere with police action or warn a suspect who is being sought. Mere criticism of an officer, verbal protest, or arguing about whether a stop is lawful is not obstruction. Where protected speech ends and criminal obstruction begins is a contested area of law.
Obstruction during an investigation
Interfering with an arrest, preventing an officer from detaining a third party, or obstructing a police investigation as it is actively unfolding can all support the charge. This includes physically blocking an officer, pulling someone away from custody, or creating a disturbance that disrupts an active enforcement action.
Weapon involved: a different statute
NRS 197.190 has no weapon or felony tier. Using a weapon while resisting an officer is charged under NRS 199.280 instead: a dangerous weapon other than a firearm is a Category D felony, and a firearm is a Category C felony.
How to read this
These are common charging narratives, not determinations of guilt. Real cases turn on evidence quality, context, and credibility.
Defense playbook

Examples of defenses

Short, plain-English examples of defenses we look for. The right defense depends on the facts, the evidence, and how the case was built.

Obstructing a police officerHow obstruction charges get challenged
No intent: unintentional or unknowing conduct
NRS 197.190 requires that the defendant intentionally obstructed, resisted, or opposed the officer. Accidental interference, confusion about what the officer was asking, or conduct that had an incidental effect on police activity doesn't satisfy the intent element. If the defendant didn't know what was being asked of them, or didn't understand the situation, lack of intent is a real defense.
Didn't know it was a police officer
The statute requires that the defendant knew, or should have known, they were dealing with a law enforcement officer. An officer in plain clothes, an undercover officer, or a situation where the officer's identity was not clearly established can raise a real question about whether this element is met. If the defendant reasonably didn't know the person was an officer, the charge may not hold.
The officer's conduct was unlawful
Obstruction requires that the officer was performing lawful duties. If the officer was acting outside the scope of their authority (conducting an unlawful search, making an arrest without legal basis, or using excessive force that provoked a response), the lawfulness of the police conduct is directly at issue. A person cannot be convicted of obstructing an unlawful police action.
First Amendment: verbal protest is protected
Criticizing an officer, arguing about whether a stop is lawful, or protesting police conduct verbally is protected speech under the First Amendment. Unless the words were specifically designed to obstruct the officer's action, such as warning a suspect or directing a crowd to interfere, the charge cannot be based on what was said alone.
How to use this
These are common defense themes, not legal advice for your case. The value is in comparing the allegations to the evidence and spotting what is missing, unclear, or contradicted.
Penalties overview

Potential penalties

A simplified overview of common penalty ranges. The real exposure depends on charge level, priors, enhancements, and how the case is filed.

Obstructing a police officerA misdemeanor, with weapon cases charged under a different statute
Obstruction without a weapon
Misdemeanor
Up to 6 months in jail and a fine up to $1,000. Most first-offense cases without aggravating factors are charged at this level.
Resisting with a weapon
Charged under NRS 199.280
Obstructing under NRS 197.190 stays a misdemeanor. Using a weapon while resisting an officer is charged under NRS 199.280: a dangerous weapon other than a firearm is a Category D felony, and a firearm is a Category C felony.
Commonly stacked with other charges
Resisting arrest, battery on officer
Obstruction is frequently charged alongside resisting arrest (NRS 199.280), battery on a police officer (NRS 200.481), and disorderly conduct, all arising from the same incident.
Record consequences
Permanent without sealing
Even a misdemeanor obstruction conviction creates a permanent record. It appears on background checks and can affect employment, licensing, and immigration status.
Important
Penalties can shift based on priors, alleged injury, and how the case is filed. A reliable range requires the exact charge, the complaint, and criminal history.

The lawfulness requirement

The obstruction statute only applies when the officer was performing lawful duties. That is an element of the offense the prosecution has to prove, not a technicality. If the stop wasn't justified, if the arrest lacked probable cause, or if the officer was acting outside the scope of their authority, the conduct may not have been "lawful duties" within the meaning of the statute.

This comes up most in cases that arise from disputed encounters: traffic stops where the basis for the stop is weak, arrests where the officer exceeded their authority, or situations where the officer used force that wasn't legally justified. Challenging the lawfulness of what the officer was doing at the time of the alleged obstruction can undercut the entire charge.

Officers don't always have legal authority to do what they're doing in the moment someone interferes. Evaluating whether the underlying police action was lawful is one of the first questions in defending an obstruction case.

How obstruction fits with other charges

Obstruction rarely arrives alone. It's typically filed alongside resisting arrest, battery on a police officer, or disorderly conduct, all arising from the same incident. Prosecutors use obstruction as a secondary charge that covers the conduct surrounding the primary arrest, and it creates additional leverage in plea negotiations.

Mapping the full set of charges (what each offense requires, what overlaps, and what the prosecution's strongest evidence is for each) is how the defense builds leverage in the other direction. A factual challenge that defeats the battery charge may also gut the obstruction charge. A Fourth Amendment issue that suppresses the stop may eliminate all of them.

When obstruction is part of a stack, negotiating resolution of all charges together is usually more effective than litigating each separately. The combined exposure is the real number, and the weaknesses in any one charge affect the strength of the whole case.

What to do if you've been charged

Don't give a statement about the encounter. Obstruction is an intent crime and anything you say about why you acted the way you did, even if it sounds innocent, can be used to establish that you knew what you were doing and chose to do it anyway. Staying silent cannot be used that way.

Body camera and video footage from the arresting officer, a nearby officer, or a bystander needs to be preserved. What the footage shows about how the encounter unfolded, who escalated it, and what the officer actually said and did is often the strongest evidence in the case. Body camera footage has a limited retention period.

Call 702-990-0190 for a case review, usually the same business day.

Next steps
OBSTRUCTING A POLICE OFFICER
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Obstructing a police officer FAQs

What people ask first.

Page last updated . Written by Michael Mee, Nevada Bar No. 13726.

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