11

CRIMES AGAINST CRIMES AGAINST THETHE

JUSTICE SYSTEMJUSTICE SYSTEM

Learning Domain 39Learning Domain 39

22

RESISTING RESISTING OBSTRUCTIONING/DELAYINGOBSTRUCTIONING/DELAYING

Penal Code 148(a)(1) - MisdemeanorPenal Code 148(a)(1) - Misdemeanor Willfully Willfully resistingresisting, , ______________, or , or ____________________

any public officer, peace officer, or any public officer, peace officer, or emergency technician in the discharge or emergency technician in the discharge or attempt to discharge any duty of that attempt to discharge any duty of that officer’s office or employment … is guilty of officer’s office or employment … is guilty of a misdemeanora misdemeanor

33

Obstructing/Resisting an Executive Obstructing/Resisting an Executive OfficerOfficer

PC 69 – Felony (no physical contact PC 69 – Felony (no physical contact necessary) (necessary) (w/b p 5-4w/b p 5-4))

every person, who by means of___________or every person, who by means of___________or violence, attempts to deter or prevent any violence, attempts to deter or prevent any executive officer from the performance of that executive officer from the performance of that officer’s duties or officer’s duties or

knowingly resists any __________ officer, by the knowingly resists any __________ officer, by the use of force or violence in the performance of use of force or violence in the performance of that officer’s dutiesthat officer’s duties

44

Threatening a Public OfficerThreatening a Public Officer

Penal Code 71 – Felony (Penal Code 71 – Felony (w/b p5-5w/b p5-5)) every person whoevery person who with _______ to cause, attempts to cause, or with _______ to cause, attempts to cause, or

causes any,causes any, public officer or employee of any public or public officer or employee of any public or

private educational institution to do or refrain private educational institution to do or refrain from doing any act in the performance of his/her from doing any act in the performance of his/her duties,duties,

by means of a threat (cont) by means of a threat (cont)

55

Threatening a Public OfficerThreatening a Public Officer

directly communicated to the person,directly communicated to the person, to inflict an unlawful injury upon that person or to inflict an unlawful injury upon that person or

that person’s property, andthat person’s property, and it reasonably appears that the threat could be it reasonably appears that the threat could be

carried out….carried out….

66

PROVIDING A FALSE IDENTITYPROVIDING A FALSE IDENTITY

PC 148.9 – misdemeanor PC 148.9 – misdemeanor (w/b p. 5-11)(w/b p. 5-11) any person who falsely represents or any person who falsely represents or

identifies oneself as _____________ (real identifies oneself as _____________ (real or fictitious) to L/Eor fictitious) to L/E

upon lawful detention or arrest to evade:upon lawful detention or arrest to evade: process of the court orprocess of the court or proper identification of that person by an proper identification of that person by an

investigating officer________________investigating officer________________

77

PROVIDING A FALSE IDENTITYPROVIDING A FALSE IDENTITY

PC 529 – felony (wobbler)PC 529 – felony (wobbler) every person who falsely personates every person who falsely personates

another (for fraudulent purposes)another (for fraudulent purposes) in that person’s private or official capacity in that person’s private or official capacity and while in such capacity does an act and while in such capacity does an act and that act makes the person falsely and that act makes the person falsely

personatedpersonated liable for any _____________ liable for any _____________ consequencesconsequences

88

Falsely Reporting a Crime or Falsely Reporting a Crime or EmergencyEmergency

PC148.5 – Misdemeanor PC148.5 – Misdemeanor (w/b 5-13) Reporting to any peace officer, district Reporting to any peace officer, district

attorney or deputy district attorney that a attorney or deputy district attorney that a felony or misdemeanor has occurredfelony or misdemeanor has occurred

Knowing that the _______________Knowing that the _______________

99

Falsely Reporting an EmergencyFalsely Reporting an Emergency

PC 148.3 – Misdemeanor (PC 148.3 – Misdemeanor (w/b p 5-14w/b p 5-14)) any individual who reports to any any individual who reports to any

__________________ that an emergency __________________ that an emergency exists knowing such report to be false exists knowing such report to be false

If GBI or death results from the false report If GBI or death results from the false report of an emergency, the crime becomes a of an emergency, the crime becomes a felony felony (148.3(b)) ((148.3(b)) (w/b p 5-14w/b p 5-14) )

1010

FALSELY REPORTING A FALSELY REPORTING A DESTRUCTIVE DEVICEDESTRUCTIVE DEVICE

FELONYFELONY – to falsely report a bomb or – to falsely report a bomb or other explosive has been, or will be placed other explosive has been, or will be placed in a public or private location PC 148.1in a public or private location PC 148.1

(w/b p.5-15)(w/b p.5-15)

1111

Impersonating a Peace OfficerImpersonating a Peace Officer

Penal Code 146(a)(b) – Felony any person Penal Code 146(a)(b) – Felony any person _______________ oneself to be a public officer, _______________ oneself to be a public officer, investigator, or inspector in any state depart, and investigator, or inspector in any state depart, and while in the assumed characterwhile in the assumed character

arrests, detains, or threatens to arrest, detain arrests, detains, or threatens to arrest, detain another personanother person

otherwise intimidates any personotherwise intimidates any person searches any person, building, or other property of searches any person, building, or other property of

any person, orany person, or obtains ______________, or other thing of value obtains ______________, or other thing of value

1212

PERJURYPERJURY

Penal Code 118 - FELONYPenal Code 118 - FELONY Any person who Any person who ____________________ testifies, testifies,

declares, deposes or certifies under declares, deposes or certifies under oath and knowingly presents false oath and knowingly presents false evidence on any evidence on any material issuematerial issue he or he or she knows to be false…..is guilty of she knows to be false…..is guilty of perjuryperjury

…………willfully states as true any willfully states as true any ________________________________, which that person , which that person knows to be falseknows to be false

1313

INTIMIDATING OR INTIMIDATING OR THREATENING WITNESSES OR THREATENING WITNESSES OR

VICTIMSVICTIMS

Penal Code 136.1-FelonyPenal Code 136.1-Felony Any personAny person who knowingly and maliciously who knowingly and maliciously

prevents or dissuades or attempts to prevents or dissuades or attempts to prevent or dissuade any witness or victim prevent or dissuade any witness or victim from attending or giving testimony at any from attending or giving testimony at any trial, proceeding or inquiry authorized by trial, proceeding or inquiry authorized by law or from making law or from making ____________________________ of of victimization to L/E….victimization to L/E….

1414

THREATS OF RETALIATIONTHREATS OF RETALIATION

Penal Code 140 – FelonyPenal Code 140 – Felony …….any person who willfully and .any person who willfully and

____________________, threatens to use ____________________, threatens to use force or takes or damages any property of force or takes or damages any property of any person because that person provided any person because that person provided assistance or information to L/E is ……assistance or information to L/E is ……

1515

VIOLATING A COURT ORDERVIOLATING A COURT ORDER

Penal Code 166 – Felony/MisdemeanorPenal Code 166 – Felony/Misdemeanor ……any person who willfully disobeys the any person who willfully disobeys the

written terms of any process or order written terms of any process or order lawfully issued by any court is guilty of a lawfully issued by any court is guilty of a misdemeanor unless previously convicted misdemeanor unless previously convicted within the past ____________ of an act of within the past ____________ of an act of violence…violence…

1616

DISARMING/ATTEMPTING A DISARMING/ATTEMPTING A PEACE OFFICERPEACE OFFICER

PC 148 (c) & (d) – FelonyPC 148 (c) & (d) – Felony every person who, during the commission of any every person who, during the commission of any

offence described in PC 148 (a), removes, takes or offence described in PC 148 (a), removes, takes or attempts to remove or take a firearm from the attempts to remove or take a firearm from the person or from the immediate presence of a public person or from the immediate presence of a public officer…officer…PC 148 (b) – FelonyPC 148 (b) – Felony

same as above exceptsame as above except “who removes takes, or “who removes takes, or attempts to remove any weapon attempts to remove any weapon ________________________” ” from the person or from the immediate presence of from the person or from the immediate presence of a peace officer a peace officer while that officer is engaged in the while that officer is engaged in the performance of the officer’s dutiesperformance of the officer’s duties

1717

POSSE COMITATUSPOSSE COMITATUS

““THE POWER OF THE COUNTY”, PC THE POWER OF THE COUNTY”, PC 150 – infraction150 – infraction

……any able-bodied person, 18 years or any able-bodied person, 18 years or older, if requested by a uniformed officer, older, if requested by a uniformed officer, an officer that presents a badge or valid ID an officer that presents a badge or valid ID or a judge, or a judge, _____________ in an arrest or _____________ in an arrest or preventing a crime preventing a crime

1818

ESCAPEESCAPE

Attempting to escape or escaping from the Attempting to escape or escaping from the custody of a peace officer...PC 836.6-misdcustody of a peace officer...PC 836.6-misd

any person who has been remanded by a any person who has been remanded by a magistrate to the custody of ….. and thereafter magistrate to the custody of ….. and thereafter attempts or escapes from custody orattempts or escapes from custody or

any person who has been lawfully arrested by a any person who has been lawfully arrested by a peace officer and knows that he/she was peace officer and knows that he/she was arrested and thereafter attempts or escapesarrested and thereafter attempts or escapes

NOTE: DOES NOT APPLY IF ALREADY NOTE: DOES NOT APPLY IF ALREADY CONFINEDCONFINED

1919

ESCAPEESCAPE

From State Prison – PC 4530 - felonyFrom State Prison – PC 4530 - felonyevery person who attempts/escapes from every person who attempts/escapes from

a state prison or while enroute to prisona state prison or while enroute to prison

From city/county jail – PC 4532 – felonyFrom city/county jail – PC 4532 – felonyevery person arrested and booked and is every person arrested and booked and is

confined to a city/county jail, industrial confined to a city/county jail, industrial farm, work release program, home farm, work release program, home detention program or work release detention program or work release program attempts/escapes from custodyprogram attempts/escapes from custody

2020

RESCUERESCUE

RESCUE- PC 4550 – felonyRESCUE- PC 4550 – felony every person who attempts/rescues any every person who attempts/rescues any

prisoner from anyprisoner from any prisonprison road camproad camp jail orjail or officer having that person in lawful custodyofficer having that person in lawful custody NOTE: can be ___________________NOTE: can be ___________________

2121

LYNCHINGLYNCHING

PC 405b - felonyPC 405b - felony__________ or more people acting together and or more people acting together and

use force or violence to take a legally use force or violence to take a legally arrested prisoner/person in lawful custody arrested prisoner/person in lawful custody of a peace officerof a peace officer

2222

BriberyBribery

Penal Code 68 – FelonyPenal Code 68 – FelonyAsking for or receivingAsking for or receiving a bribe by an ________ a bribe by an ________

__________________________

Penal Code 67 – FelonyPenal Code 67 – FelonyGiving or offering aGiving or offering a bribe to an executive officer bribe to an executive officer

2323

IMPERSONATING A PEACE IMPERSONATING A PEACE OFFICEROFFICER

Penal Code 538d – MisdemeanorPenal Code 538d – Misdemeanor Any Any __________________________________,, who who willfullywillfully wears, exhibits, or uses wears, exhibits, or uses the authorized uniform, badge, insignia, emblem, the authorized uniform, badge, insignia, emblem,

device, label, certificate, card or documentsdevice, label, certificate, card or documents of a peace officer with intent to fraudulently of a peace officer with intent to fraudulently

impersonate or induce the belief that he/she is a impersonate or induce the belief that he/she is a peace officer, orpeace officer, or

who who __________________ induces the belief that he/she is a induces the belief that he/she is a peace officer peace officer