Crimes Against the Criminal Justice System LD 39 Flashcards
(38 cards)
PC 136.1(a)
(1) Knowingly and maliciously prevents or dissuades any witness or victim
from attending or giving testimony at any trial, proceeding, or inquiry
authorized by law.
(2) Knowingly and maliciously attempts to prevent or dissuade any witness
from attending or giving testimony at any trial, proceeding, or inquiry
authorized by law.
PC 136.1(b)
Every person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following:
(1) Making any report of that victimization to any peace officer or state or
local law enforcement officer or probation or parole or correctional officer
or prosecuting agency or to any judge.
(2) Causing a complaint, indictment, information, probation or parole
violation to be sought and prosecuted, and assisting in the prosecution
thereof.
(3) Arresting or causing or seeking the arrest of any person in connection with
that victimization.
PC 136.1(c)
Every person doing any of the acts described in subdivision (a) or (b) knowingly and maliciously under any one or more of the following circumstances, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years under any of the following circumstances:
(1) Where the act is accompanied by force or by an express or implied threat
of force or violence, upon a witness or victim or any third person or the
property of any victim, witness or any third person.
(2) Where the act is in furtherance of a conspiracy.
(3) Where the act is committed by any person who has been convicted of any
violation of this section, any predecessor law hereto or any federal statute
of any other state which, if the act prosecuted was committed in this state.
(4) Where the act is committed by any person for pecuniary gain or for any
other consideration acting upon the request of any other person. All
parties to such a transaction are guilty of a felony.
PC 136.1(d)
(a), (b), and (c) is guilty of the offense attempted without regard to success or failure of the attempt. The fact that no person was injured physically, or in fact intimidated, shall be no defense against any prosecution under this section.
Attempted Threats or Intimidation
The mere attempt to intimidate or threaten a witness or victim is enough to arrest the person for the offense that was attempted, without regard to the success or failure of the attempt. Further, no person need be physically injured or actually feel intimidated.
Witness
- having knowledge of the existence or nonexistence of facts relating to any crime
- whose declaration under oath is received, or has been received, as evidence for any purpose
- who has reported any crime
- who has been served a subpoena
- who could be believed by any reasonable person to be one of the above
Victim
any natural person with respect to who there is reason to believe that any crime as defined under the laws of this state or any other state or of the United States is being or has been perpetrated or attempted to be perpetrated.
Malice
an intent to vex, annoy, harm, or injure another person
PC 140(a)
Every person who willfully uses force or threatens to use force or violence upon the person of a witness to, or a victim of a crime or any other person, or to take, damage, or destroy any property of any witness, victim, or any other person, because the witness, victim, or other person has provided any assistance or information to a law enforcement officer, or to a public prosecutor in a criminal proceeding or juvenile court proceeding
- wobbler
PC 166(a)(4)
- violation of a court order
• any person
• willfully disobeying
• the written terms of any process or court order, or out-of-state court order
• lawfully issued by any court - court order must:
• have been properly served on the person, or
• the person must have been present when the order was generated - misdemeanor
PC 148(a)(1)
Resisting, delaying, or obstructing any public officer, peace officer, or emergency technician
• every person who
• willfully resists, delays, or obstructs
• any public officer, peace officer, or emergency technician
• in the discharge or the attempt to discharge
• any duty of that officer’s office or employment.
- no physical contact between suspect and officer required for RDO
- verbal threats or interference can be sufficient obstruction
*not audio/video/photo recording
- misdemeanor
Peace Officer
- any county sheriff, undersheriff, or deputy sheriff;
- any city or district chief of police or any police officer;
- any marshal or deputy marshal of a municipal court;
- any DA investigator;
- any member of the California Highway Patrol.
Public Officer
- building inspectors
* health inspectors, et al.
Executive Officers
charged with the responsibility of enforcing the law. This includes peace officers, district attorneys, city attorneys, and police commissioners
PC 69
- Resisting or obstructing an executive officer
- Every person who attempts:
• by means of threat or violence
• to deter or prevent
• any executive officer from the performance of that officer’s duties, or
• knowingly resists any executive officer
• by the use of force or violence
• in the performance of that officer’s duties - felony
- Not audio/video/photo recording
PC 71
- threatening public officers and employees, and school officials
- Every person who:
- with the intent to cause,
- attempts to cause, or causes
• any: - public officer or employee, or
- officer or employee of any public or private educational institution
• to do or refrain from doing
• any act in the performance of their duties
• by means of a threat
• directly communicated to the person
• to inflict an unlawful injury upon that person or that person’s property, and
• it reasonably appears that the threat could be carried out - includes by telephone or letter
- felony
PC 148(c)
- disarming a peace officer or public officer’s firearm while RDO
• every person who
• during the commission of any offense described in (Penal Code Section 148(a)(1)) (resisting, delaying, or obstructing any public officer, peace officer, or emergency technician)
• removes or takes a firearm (Penal Code Section 148(c))
• from the person or from the immediate presence of
• a public officer or peace officer - felony
PC 148(d)
- Attempt to disarm an officer while RDO
• the officer’s holster strap was unfastened by the defendant (Penal Code Section 148(d)(1))
• the firearm was partially removed from the officer’s holster by the defendant (Penal Code Section 148(d)(2)
• the firearm safety was released by the defendant (Penal Code Section 148(d)(3))
• an independent witness corroborates that the defendant stated that he intended to remove the firearm and that the defendant actually touched the firearm (Penal Code Section 148(d)(4))
• an independent witness corroborates that the defendant actually had his hand on the firearm and tried to take it from the officer who was holding it (Penal Code Section 148(d)(5))
• the defendant’s fingerprint was found on the firearm or holster (Penal Code Section 148(d)(6))
• physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm (Penal Code Section 148(d)(7))
• in the course of any struggle, the officer’s firearm fell and the defendant attempted to pick it up (Penal Code Section 148(d)(8)) - felony
PC 148(b)
-disarming officer of weapon other than firearm
• every person who
• during the commission of any offense described in Penal Code Section 148(a) (resisting, delaying, or obstructing any public officer, peace officer, or emergency technician)
• removes or takes
• any weapon other than a firearm
• from the person of
• or in the immediate presence of
• a public officer or peace officer
• while that officer is engaged in the performance of the officer’s duties
- felony
PC 836.6(a)
- attempting to escape or escaping from the custody of a peace officer after being remanded by a magistrate or judge
• any person who has been
• remanded by a magistrate or judge to the custody of a sheriff, marshal or other police agency, and
• thereafter escapes or attempts to escape from that custody - not confined in jail or prison
- misdemeanor unless by force or violence and causing serious bodily injury to the peace officer (then felony)
PC 836.6(b)
attempting to escape or escaping from custody of a Peace Officer who knows or should know he has been arrested
• any person who has been
• lawfully arrested by a peace officer, and
• who knows or reasonably should have known that he/she was arrested, and
• who thereafter escapes or attempts to escape from the peace officer
- not confined in jail or prison
- misdemeanor unless by force or violence and causing serious bodily injury to the peace officer (then felony)
PC 4530(a)
- attempting or escape from a state prison through the use of force or violence
• Every prisoner confined in a state prison who, - By force or violence,
- Escapes or attempts to escape and
• every prisoner committed to a state prison who,
• by force or violence,
• escapes or attempts to escape - while being conveyed to or from such prison or
- any other state prison, or as delineated in Penal Code Section 4350(a)
- while under the custody of prison officials, officers or employees;
- while at work outside or away from
- prison under custody of prison officials, officers, or employees
PC 4530(b)
- attempt or escape from a state prison w/o use of force or violence
• Every prisoner who
• commits an escape or
• attempts an escape as described in subdivision (a)
• without force or violence - felony
PC 4530(c)
- willful failure to return from temporary release, such as work or education release, at the specified time is considered an escape
- felony
