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…
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 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 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…
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…
Penal Code Section 148.1 – False Bomb Reports PENAL CODE SECTION 148.1(a) & (b) – FALSE BOMB REPORT TO PEACE OFFICER OR DESIGNATED INDIVIDUAL Pursuant to Penal Code Sections 148.1(a) & (b), the prosecution must prove the following elements beyond a reasonable doubt: The defendant reported that a bomb or explosive device will be placed in a…
Penal Code Section 148 – Resisting, Obstructing or Delaying A Peace Officer Introduction: Penal Code Section 148 was designed to protect the physical safety of officers, and to facilitate effective law enforcement investigations. Unfortunately, it is not uncommon for some officers and their departments to abuse Section 148 to punish individuals who assert their Constitutional rights…
Unlawful Publication of Address or Telephone Number of Police Officer or Police Department Employee – Penal Code Section 146e Penal Code Section 146e protects the officers and employees of law enforcement agencies. The purpose of the law is to prevent individuals from threatening or intimidating police personnel from carrying out their official duties. Misdemeanor Violation of…
Sale or Gift of Membership Card, Badge or Device Implying Less Vigorous Law Enforcement For the Holder (Courtesy Cards)- Penal Code Section 146d It is illegal to give somene a badge, card, sticker or any other item which suggests that the recipient will be subjected to less rigorous law enforcement than other members of the…