Is resisting an executive officer a general intent crime?

California, United States of America


The following excerpt is from People v. Tucker, B276128 (Cal. App. 2018):

The offense of resisting an executive officer, as submitted to the jury in count 2, is also a general intent crime. (People v. Rasmussen (2010) 189 Cal.App.4th 1411,

Page 12

1420 (Rasmussen).)2 To establish that offense, the prosecution was obliged to show that appellant had "actual knowledge . . . that the person being resisted [was] an executive officer and that the officer [was] engaged in the performance of his . . . duty" (People v. Hendrix (2013) 214 Cal.App.4th 216, 237), but not that appellant specifically intended to interfere with the performance of that duty

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