Penal Code Section 167

Penal Code Section 167 – Recording or Listening to a Trial Jury1 It is a misdemeanor to record or listen to the members of a trial jury if all of the following are true: The Defendant willfully and knowingly listened to, recorded or observed members of a trial jury, AND; The jurors did not know…

Penal Code Section 166 – Contempt of Court Penal Code Section 166(a) – Specified Acts of Contempt: Under Section 166(a), it is a misdemeanor to do the following: Interrupt a court proceeding in the direct view of the judge using disorderly, contemptuous or rude behavior.1 Interrupt a trial or hearing overseen by a referee using…

Penal Code Section 155.5 – Disposal of Property to Avoid Criminal Restitution Payments1 Penal Code Section 155.5 criminalizes certain attempts by criminal defendants to shield their assets from court-ordered restitution payments. Penal Code Section 155.5(a) – Misdemeanor Punishment for Specified Acts of Concealment Under Penal Code Section 155.5(a), the prosecution must prove the following elements…

Senate Bill 1030 Adds A Point to Driving Records

California Legislature Passes SB 1030 – Distracted Driving To Add a Point to Driving Record1 Senator Josh Newman (Fullerton) gained approval for Senate Bill 1030 on April 30th. If Governor Brown signs the Bill into law, insurance companies will add a point to the driving record of any person caught operating a cellular telephone while…

police beating

Penal Code Section 149 – Assault Under Color of Authority1 Penal Code Section 149 punishes public officers who unlawfully beat or assault any person under color of authority but without lawful necessity. Officers who use excessive force may qualify for prosecution under Section 149.2 Punishment under Penal Code Section 149: A fine of up to…

False Identification to a Peace Officer

Penal Code Section 148.9 – Providing False Identification to a Peace Officer Elements of the Offense – Penal Code Section 148.9(a)1 The prosecutor must prove the following elements beyond a reasonable doubt: The Defendant falsely identified or represented himself as another person or a fictitious person to a peace officer; AND The Defendant was lawfully detained…

Penal Code Section !48.5 sets forth misdemeanor punishment for those who knowingly make false reports of criminal activity to law enforcement.

Penal Code Section 148.5 – False Report of a Crime1 Penal Code Section 148.5 offers misdemeanor punishment for any person who knowingly makes a false report of a crime. Penal Code Section 148.5(a) Elements of a Section 148.5(a) charge:  The Defendant reported to a peace officer or prosecutor that a felony or misdemeanor crime has…

Penal Code Section 148.4 - Malicious Tampering With Fire Alarm

Penal Code Section 148.4 – Malicious Tampering with Fire Alarm1 Penal Code Section 148.4(a) Violations (Misdemeanor) The prosecution must prove the following beyond a reasonable doubt: The Defendant “willfully” and “maliciously” tampered with fire protection equipment; OR The Defendant “willfully” and “maliciously” transmitted a false message indicating the presence of a fire by any electronic…

California Penal Code Section 148.3 Criminalizes Any Knowingly False Report of an Emergency

Penal Code Section 148.3 – False Report of Emergency Introduction: Penal Code Section 148.3 addresses numerous scenarios for the reporting of false emergencies, including what is commonly referred to as “swatting.”   A “swatting” incident involves the false report of an active shooter, bomb threat or other emergency serious enough to merit the dispatch of a…

Penal Code Section 148.2 – Interfering with Firemen and Rescue Personnel Pursuant to Section 148.2, it is a misdemeanor to “willfully” obstruct firemen or other emergency rescue personnel form discharging to attempting to discharge their official duties under any of the following circumstances: By resisting or interfering with the lawful effort of a fireman or…