PC69 And how to beat it.

PC69 

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Unlike PC148, PC69 is more serious of a charge than a mere resisting arrest charge. Lets take a look at what the legal definition of PC69 is and how law enforcement is using this charge to keep the peace. 

The Legal Definition of "Resisting an Executive Officer"

Penal Code 69 PC actually encompasses two different offenses:

willfully and unlawfully attempting by threats or violence to deter or prevent an executive officer from performing a lawful duty, and

using force or violence to resist an executive officer in the performance of his/her lawful duties.

Let's take a closer look at some of these terms and phrases to gain a better understanding of their legal definitions.

Willfully and unlawfully

You act willfully when you commit an act willingly or on purpose. It doesn't matter if you don't intend to break the law, as long as the act is intentional.

The term "unlawfully" is used to distinguish lawful threats. Threatening to report an officer who, for example, is "on the take" in violation of California's bribery laws is acceptable. Penal Code 69 PC only penalizes illegal or unlawful threats.

Threats

Threats may be oral or written and may be implied by a pattern of conduct or a combination of statements and conduct. There is no requirement that you actually intend to carry out your threatened act, only that you intend for it to be interpreted as a threat by the intended victim.

Similarly, there is no requirement that the threat be immediate or imminent. This is one of the differences between Penal Code 69 PC and Penal Code 240 PC California's assault law.

Penal Code 240 PC California's assault law requires an unlawful attempt coupled with a present ability to injure another. Here, there is no such requirement. You can be convicted of resisting an executive officer even when there is no present ability but only a future promise to carry out the threat.

Whether or not you personally communicate the threat or have another person do so is irrelevant. Likewise, whether the intended victim is actually frightened is also irrelevant. All that matters is that you intend to threaten the intended victim.

Force or violence

The words "force" and "violence" have the same meaning in a "resisting an executive officer" case as they do in a California Penal Code 242 PC battery case. The terms are synonymous and mean any unlawful application of physical force against another person. The force doesn't need to cause any harm or pain, as even the slightest touch is enough if done in a rude, angry, or offensive manner.

Touching the person, his/her clothing, or something attached to or closely connected with the person is sufficient.

Executive officer

An executive officer is a public employee who may exercise some or all of his/her own discretion in performing his/her job duties. Any employee who is charged with enforcing the law is an executive officer.

This is a much broader definition than a peace officer. Examples of executive officers include (but are not limited to):

police officers, sheriffs, California Highway Patrol officers, judges, government prosecutors and defense attorneys, and other elected officials.

Lawful duties

Remember, there are two offenses prohibited under Penal Code 69 PC: The first involves attempting to deter or prevent an officer from performing a lawful duty. The second involves resisting an executive officer who is engaged in the performance of his/her lawful duties.

The first offense does not contain a requirement that the officer be engaged in a lawful duty, only that you attempted to prevent him/her from ultimately performing a lawful duty. In order to perform a lawful duty, the officer must act lawfully.

"The relevant factor is simply the lawfulness of the official conduct that the defendant (through threat or violence) has attempted to deter, and not the lawfulness (or official nature) of the conduct in which the officer is engaged at the time the threat is made."

And with respect to the second type of offense prohibited under Penal Code 69 PC, an executive officer is not "engaged in the performance" of his/her lawful duties when "he or she is unlawfully arresting or detaining someone or using unreasonable or excessive force in his or her duties".

Even though you may know the law, the best defense at the time of the arrest is to remain silent.. A police officer's main goal at the scene is to keep the peace. If you are silent, not causing a problem you most likely will be let go, or cited and released. Keep causing a problem and you will likely see a charge of PC148 or if you really push it a  PC69 charge.  

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