Resisting an Executive Officer

California Penal Code §69

California Penal Code §69 makes it illegal to resist an executive officer. To “resist” an executive officer would be to use threats of violence, or a use of force, in order to prevent the officer from being able to perform HIS/ER/their duties.

§69 (a) Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who knowingly resists, by the use of force or violence, the officer, in the performance of his or her duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for up to 3 years, or in a county jail not exceeding one year, or by both such fine and imprisonment.

(b) The fact that a person takes a photograph or makes an audio or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a).

PC §69 requires actual violence, or a threat of violence.

It is similar to Penal Code Penal Code §148(a)(1) (Resisting Arrest)

For example:

• Threatening the life of an executive officer if they continue with your arrest
• Threatening or attacking a Judge or her family the family to prevent a conviction

California Penal Code §69 is penalized as a wobbler. A “wobbler” is a criminal offense that can be charged either as a misdemeanor or a felony.

A violation of California Penal Code §69 may also negatively impact you indirectly. Non-citizens may be deported for having committed an “aggravated felony,” and gun owners may have to give up their ownership and rights to firearms.