Is it a criminal offence to make threats or violence to deter a police officer from performing his or her duties?

California, United States of America


The following excerpt is from People v. Jesus O. (In re Jesus O.), F078320 (Cal. App. 2019):

Section 69 provides: "[E]very person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or who knowingly resists, by the use of force or violence, such officer, in the performance of his duty, is punishable by a fine ... by imprisonment ... or by both ...." Section 69 is designed to protect police officers against violent interference with performance of their duties." (People v. Martin (2005) 133 Cal.App.4th 776, 782.)

A defendant who attempts with threats or violence to deter an officer from performing his or her duties is guilty of violating section 69. (People v. Campbell (2015) 233 Cal.App.4th 148, 160.) Section 69 is violated when a person attempts to deter a police officer or actually resists the officer. (People v. Carrasco (2008) 163 Cal.App.4th 978, 984.)

Page 5

Other Questions


Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
Is an addition or subtraction of 1% or 2% of an officer's work required to be performed in order to meet the volume of the duties required for the officer to perform the same amount of work? (California, United States of America)
Is it a crime to "attempt to deter or prevent an executive officer from performing any duty imposed upon such officer by law"? (California, United States of America)
What is the test for section 654 of the Criminal Code when a defendant makes threats of violence against a police officer? (California, United States of America)
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
Can a defendant who shot an off-duty police officer in the head with a single shot, get out of his car, get into his car and shoot the officer as the officer is approaching? (California, United States of America)
Is Section 148 a lesser included offense of the second way to violate section 69: knowingly resisting, by force or violence, a police officer who is performing his executive duty? (California, United States of America)
Does section 654 of the California Criminal Code apply to a criminal threat enhancement attached to the criminal threats charge? (California, United States of America)
Does a defendant who resists the use of excessive force by a police officer in the lawful performance of his or her duties have to be found guilty of resisting the officer? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.