What is the test for a charge of resisting an officer?

California, United States of America


The following excerpt is from In re Vincent D., A120953 (Cal. App. 7/22/2009), A120953 (Cal. App. 2009):

In order to find a violation of Penal Code section 148, subdivision (a), for resisting an officer, the People must prove that "(1) the defendant willfully resisted, delayed, or obstructed a peace officer, (2) when the officer was engaged in the performance of his or her duties, and (3) the defendant knew or reasonably should have known that the other person was a peace officer engaged in the performance of his or her duties." (People v. Simons (1996) 42 Cal.App.4th 1100, 1108-1109.)

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