Does the knowledge element of the crime of battery upon a peace officer constitute moral turpitude?

California, United States of America


The following excerpt is from People v. Lindsay, 209 Cal.App.3d 849, 257 Cal.Rptr. 529 (Cal. App. 1989):

The knowledge element of the crime of battery upon a peace officer (that defendant know or reasonably should have known the victim was a peace officer in the performance of his duties) clearly involves moral turpitude. There is no doubt the intentional, willful and unlawful use of force upon a peace officer, however slight, coupled with actual knowledge the victim is a peace officer in the performance of his or her duties, is clearly a crime of moral turpitude and demonstrates a readiness to do evil. However, even where the knowledge element is measured by a standard of reasonableness (should have known the victim was a police officer and should have known the victim was involved in his or her duties as a peace officer), moral turpitude or a readiness to do evil is present, inasmuch as the perpetrator's acts demonstrate a disregard for what is reasonably expected of ordinary people. (People v. Rodriguez (1986) 42 Cal.3d 730, 780, 230 Cal.Rptr. 667, 726 P.2d 113.)

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