LD 39 Flashcards
Intimidating Witnesses or Victims
136.1(a) and 136.1(b) PC
What are the elements?
What is the classification?
Elements:
- Any person
- Who knowingly and maliciously
- Prevents or dissuades (136.1 (a) (1))
- Attempts to prevent or dissuades (136.1 (a) (2))
- Any witness or victim
- From attending or giving testimony
- At any trial, proceeding, or inquiry
- Or from reporting to any peace officer (136.1 (b))
Classification:
- Wobbler, misdemeanor or felony
Facts:
- Arrest can be made just for the mere attempt to intimidate whether is succeeds or does not
- No person need be physically injured or actually feel intimidated
- Therefore, the attempt/act of intimidating a witness is a crime regardless of how the person felt
Threats of Retaliation
140(a) PC
What are the elements?
What is the classification?
Elements:
- Every person who
- Willfully uses force or threatens to use force or violence
- Upon a witness to, or a victim of a crime or any other person
- Or to take, damage, or destroy any property of any person
- Because that person has provided any assistance or information
- To a LEO or public prosecutor
Classification:
- The crime of threats of retaliation is a wobbler, can be a misdemeanor or a felony
Facts:
- Threats of retaliation is simply making threats/using force or violence to a person who helps a peace officer/public prosecutor because they helped them
Violating a Court Order
166(a)(4) PC
What are the elements?
What is the classification?
Elements:
- Any person who
- Willfully disobeys the written terms of any process or court order, or out-of-state court order
- Lawfully issued by any court including orders pending trial
Classification:
- The crime of violating a court order is a misdemeanor
Facts:
- In order for the crime of 166(a)(4) PC to have occurred, the court order must have been properly served to the person or the person may have been present when the order was generated.
- Can include violating a TRO for this crime
Resisting an Officer
148(a)(1)
What are the elements?
What is the classification?
Elements:
- Every person who
- Willfully resists, delays, or obstructs
- Any public officer, peace officer, or emergency technician
- In the discharge or attempt to discharge
- Any duty of that officer’s office or employment
Classification:
- The crime of resisting, delaying, or obstructing any public officer, peace officer, or emergency technician is a misdemeanor
Facts:
- A person taking a photograph/audio/video recording or a public/peace officer, while the officer is in a public place OR the person taking the photo/audio/video has a right to be where they are, DOES NOT constitute 148(a)(1) and DOES NOT constitute reasonable suspicion to detain the person or probable cause to arrest the person.
- Public officer = building inspectors, health inspectors, etc
- Physical contact is not necessary for crime of 148(a)(1)
- Verbal threats or interference can pose sufficient obstruction and can be the crime of 148(a)(1)
Obstructing or Resisting an Executive Officer
69 PC
What are the elements?
What is the classification?
Elements:
- Every person who attempts
- By means of threat or violence
- To deter or prevent
- Any executive officer
- From the performance of their duties
- OR knowingly resists any executive officer
- By use of force or violence
- While that executive officer s performing their duties
Classification:
- The crime of attempting to deter or prevent executive officers, including future threats against them, is a felony.
Facts:
- Executive officers include peace officers, district attorneys, city attorneys, and police commissioners
Threatening Public Officers and Employees, and School Officials
71 PC
What are the elements?
What is the classification?
Elements:
- Every person who
- With the intent to cause, or attempts to cause, or causes
- Any officer or employee of any public or private educational institution
- To do, or refrain from doing,
- Any act in regards to their duties
- By means of threat, directed at such person (telephone, letter, etc.)
- To inflict unlawful injury upon any person or property
- With reasonable ability to carry out such threats
Classification:
- The crime of threatening public officers and employees, and school officials is a felony.
Disarming an Officer
148(c) - Crime completed
148(b) - Any other weapon than a firearm
148(d) - Attempted crime
What are the elements?
What is the classification?
Elements:
- Every person who
- During 148(a)(1) resisting, delaying, or obstructing a public officer, peace officer, or EMT
- Removes or takes
- A firearm from the person or immediate presence of
- Or any other weapon than a firearm (148(b))
- A public or peace officer
- To prove attempted disarming an officer (148(d))
Suspect does:
- unfastens holster strap of officer
- partially removes firearm from officers holster
- releases safety of firearm
- An independent witness confirms the suspect was intending to remove the firearm/actually touched it
- fingerprints found on firearm or holster
- DNA on firearm
- suspect picked up officers dropped firearm/ or attempted to pick up
Classification:
- The crime of taking or removing a firearm or attempting to take or remove a firearm from an officer is a felony
- The crime of taking or removing any weapon other than a firearm or attempting to take or remove any other weapon than a firearm from an officer is a felony as well
Escape
836.6(a) PC, Escape from magistrate or judge order
836.6(b) PC, Escape from arrest/custody of peace officer
4530(a) PC, Escape from a state prison w/ force or violence
4530(b) PC, Escape from a state prison w/o force or violence
4532(a,b)(1,2) PC, Escape from county or city jail or home detention with/without use of force
What are the elements?
What is the classification?
Elements:
- 836.6(a) PC
- Any person who is remanded by
- A magistrate or judge
- Of any court in this state
- To the custody of a sheriff, marshal or other police agency
- To thereafter escape to attempt to
- From that custody
- 836.6(b) PC
- Any person who
- Has been lawfully arrested
- By a peace officer
- And who knows, or who should reasonably know
- They were arrested
- To thereafter escapes or attempts to escape from the peace officer
- 4530(a) PC
- Every prisoner who,
- Commits an escape or attempts an escape
- Using force or violence
- 4530(b) PC
- Every prisoner who,
- Commits and escape or attempts an escape
- Without use of force or violence
Classification:
- The crime of escape or escaping from the custody of a peace officer is a misdemeanor
- If the escape is by force or violence and causes SBI to the peace officer, the crime becomes a felony
- The crime of attempting to escape or escaping from a state prison with or without the use of force is a felony.
- The crime of escaping or attempting escape from county or city jail or home detention with/without use of force is a felony in all cases.
Facts:
- 836.6 PC does not apply to persons in any city, county or state jail or prison
Rescue
4550 PC
What are the elements?
What is the classification?
Elements:
- Every person who,
- Rescues or attempts to rescue
- Or aids another in rescuing or attempting to rescue
- (from a place of confinement for any reason)
- Any prisoner from any prison, road camp, jail,
- Or from any officer or person having that prisoner in lawful custody
Classification:
- The crime of attempting to rescue or rescuing is a felony
Providing False Identification
148.9 PC
What are the elements?
What is the classification?
Elements:
- Any person who,
- Falsely represents or identifies oneself
- As another person (either real or fictitious)
- To a peace officer
- Upon a lawful detention or arrest of the person
- In efforts to either evade the process of the court
- Or to evade the proper identification of that person by an investigating officer
Classification:
- The crime of presenting a false identity to a peace officer is a misdemeanor
Facts:
- Can be used in conjunction with 148(a)(1) for obstruction of a peace officer carrying out their official duties
Falsely Reporting a Crime, Emergency, or Destructive Device
148.1(a) PC, Falsely reporting destructive device
148.3(a,b,c) PC, Falsely reporting emergency, causing SBI or death, or evacuation
148.5 PC, Falsely reporting criminal offense
What are the elements?
What is the classification?
Elements:
-148.1(a) PC
- Any person who
- Reports to media, peace officers, employees or airlines or other transportation, occupants of a building, telephone company personnel, etc.
- That a bomb or other explosive has been or will be
- Placed or hidden in any public or private place
- Knowing the report is false
- 148.3(a) PC
- Any individual who,
- Reports or causes any report to be made,
- To any city, county, city and county, or state departments, district, agency, division, commission, or board
- That an “emergency” exists
- Knowing that the report is false
- Is guilty of a misdemeanor
148.3(b) PC
- Same as 148.3(a) but
- The reporter should know this report is likely to cause death or GBI
- And it DOES cause GBI or death to any person as a result of the false report
- Is guilty of a misdemeanor
- 148.5 PC
- Every person who,
- Reports to any peace officer, district attorney, or deputy district attorney
- That a felony or misdemeanor has been committed,
- Knowing that the report is false
Classification:
- The crime of falsely reporting a bomb or other explosive is a felony.
- The crime of falsely reporting an emergency is a wobbler. Misdemeanor is no GBI or death. Felony is GBI or death as result of false report.
- The crime of falsely reporting a criminal offense is a misdemeanor
Unlawful Assembly
407 PC
What are the elements?
What is the classification?
Elements:
- Two or more persons
- Assembling together
- To do an unlawful act
- Or a lawful act in a violent, boisterous, or tumultuous manner
- Such assembly is an unlawful assembly
Classification:
- The crime of unlawful assembly is a misdemeanor
Facts:
- A violent manner = acts involve criminal violence or tend to incite others to criminal violence
- A boisterous or tumultuous manner = when communication becomes noise at the level that disrupts the public peace
- An overt unlawful act does NOT actually have to take place to make the assembly unlawful. If the purpose or intent of the assembly is TO COMMIT AN UNLAWFUL ACT, the assembly is unlawful
- Circumstantial evidence can be gathered to prove the intent of the assembly
- Unlawful acts DO NOT have to be violent to substantiate an unlawful assembly (ex, acts of civil disobedience such as blocking an entry way or occupying an area illegally)
Refusal to Disperse (416), Remaining Present (409)
409 PC
416(a) PC
What are the elements?
What is the classification?
Elements:
- 409 PC
- Every person remaining present
- At the place of any riot, rout, or unlawful assembly
- After the same has been lawfully warned to disperse,
- Except public officers and persons assisting them in attempting to disperse
- 416(a) PC
- Two or more persons assembled
- For the purpose of disturbing the peace, or committing any unlawful act
- AND do not disperse on being desired or commanded to do so by a public officer
- The persons so offending are severally guilty of a misdemeanor
- (only applies to those in unlawful assembly, 407 PC)
Classification:
- Anyone who remains present at the place of any riot, rout, or unlawful assembly, after they have been lawfully warned to disperse, is guilty of a misdemeanor. (409 PC)
- Anyone who refuses or fails to disperse after being commanded to do so is guilty of a misdemeanor (416(a) PC)
