LD # 39 Crimes Against The Justice System

Question 1

Intimidating victim or witness

Answer 1

knowingly and maliciously prevent/dissuade witness/victim from attending/giving testimony at any trial, proceeding, or inquiry authorized by law (Penal Code Section 136.1(a)(1))

knowingly and maliciously attempts to prevent/dissuade witness/victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law (Penal Code Section 136.1(a)(2))

attempts to prevent/dissuade victim/witness from doing any of the following including but not limited to: 1) making any report of that victimization to any Peace Officer (Penal Code Section 136.1(b)(1)), causing a complaint to be sought or assisting in the prosecution (Penal Code Section 136.1(b)(2)), arresting the suspect (Penal Code Section 136.1(b)(3))

Felony

Question 2

Threats of retaliation

Answer 2

Every person who willfully uses/threatens force or violence upon the person of a witness/victim or any other person, or to take/damage/destroy property of witness/victim, or any other person because they provided assistance/information to a law enforcement officer/public prosecutor in a criminal proceeding or juvenile court proceeding

Felony

Question 3

Violating a court order

Answer 3

any person willfully disobeying the written terms of any process or court order, or out-of-state court order lawfully issued by any court

Misdo

Question 4

Resisting an officer (misdo)

Answer 4

Willfully resists, delays, or obstructs a public officer, peace officer, or emergency technician in the discharge/attempt to discharge the duties of their office.

Question 5

Resisting an officer (felony)

Answer 5

Every person who attempts: by means of threat or violence to deter or prevent any executive officer from the performance of that officer’s duties, or knowingly resists any executive officer by the use of force or violence in the performance of that officer’s duties

Question 6

Threatening public officer

Answer 6

Every person who:

• with the intent to cause,
• attempts to cause, or causes any:
• public officer or employee, or
• officer or employee of any public or private educational institution to do or refrain from doing any act in the performance of their duties by means of a threat directly communicated to the person to inflict an unlawful injury upon that person or that person’s property, and it reasonably appears that the threat could be carried out

Question 7

Disarming an officer

Answer 7

every person who during the commission of any offense described in (Penal Code Section 148(a)(1)) (resisting, delaying, or obstructing any public officer, peace officer, or emergency technician) removes or takes a firearm (Penal Code Section 148(c)) from the person or from the immediate presence of a public officer or peace officer

Felony

Question 8

Escape (misdemeanor)

Answer 8

any person who has been remanded by a magistrate or judge to the custody of a sheriff, marshal or other police agency, and thereafter escapes or attempts to escape from that custody, or any person who has been lawfully arrested by a peace officer, and who knows or reasonably should have known that he/she was arrested, and who thereafter escapes or attempts to escape from the peace officer

Question 9

Escape (felony)

Answer 9

Every prisoner confined in a state prison who, - By force or violence, - Escapes or attempts to escape and every prisoner committed to a state prison who, by force or violence, escapes or attempts to escape - while being conveyed to or from such prison or - any other state prison, or as delineated in Penal Code Section 4350(a) - while under the custody of prison officials, officers or employees; - while at work outside or away from - prison under custody of prison officials, officers, or employees

Question 10

Rescue

Answer 10

Any person who rescues or attempts to rescue, or aids another in rescuing/attempting to rescue any prisoner from any prison, road camp, jail, or officer having that prisoner in lawful custody.

Felony

Question 11

Lynching

Answer 11

The taking by means of riot of any person from the lawful custody of any peace officer.

Felony

Question 12

Providing False Identification

Answer 12

Any person who falsely identifies oneself as another person to a peace officer upon a lawful detention or arrest to evade the process of the court or proper identification of that person by an investigating officer.

Misdemeanor

Question 13

Falsely Reporting Crime

Answer 13

Every person who reports to any peace officer/DA that a crime has been committed, knowing that the report is false.

Misdemeanor

Question 14

Falsely Reporting an Emergency

Distinguish Misdo and Felony

Answer 14

Every person who reports to any peace officer/DA that an emergency exists, knowing the report is false.

Misdo; if emergency is likely to produce great bodily injury/death, then felony

Question 15

Falsely Reporting Destructive Device

Answer 15

Every person who reports to any peace officer/DA that a bomb or explosive device has been placed or will be placed or hidden somewhere, knowing the report is false.

Felony

Question 16

Unlawful Assembly

Answer 16

Two or more people assembling to do an unlawful act or a lawful act in a boisterous, violent, or tumultuous manner.

Misdemeanor.

Question 17

Refusal to Disperse

Answer 17

Two or more persons assembling for the purpose of disturbing the peace or committing any unlawful act and not dispersing on being desired or commanded to by a public officer.

Misdemeanor