Can a defendant violate section 69 of the California Penal Code by threatening or using force against a police officer?
California, United States of America
The following excerpt is from People v. Osorio, G053092 (Cal. App. 2017):
That is, section 69 states two distinct ways in which a defendant may violate its provisions. (People v. Smith (2013) 57 Cal.4th 232, 240-241 (Smith).) Under the first prong, a defendant may violate the statute by attempting to deter a peace officer from performing his or her duties using threats or violence. Under the second prong, a defendant may violate the statute by resisting a peace officer by the use of force or violence. (Id. at pp. 240-241.)
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