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Chapter 7. Other Offenses Against Public Justice - California Penal Code Section 148

148.  (a) (1) Every person who willfully resists, delays, or
obstructs any public officer, peace officer, or an emergency medical
technician, as defined in Division 2.5 (commencing with Section 1797)
of the Health and Safety Code, in the discharge or attempt to
discharge any duty of his or her office or employment, when no other
punishment is prescribed, shall be punished by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in a county jail
not to exceed one year, or by both that fine and imprisonment.
   (2) Except as provided by subdivision (d) of Section 653t, every
person who knowingly and maliciously interrupts, disrupts, impedes,
or otherwise interferes with the transmission of a communication over
a public safety radio frequency shall be punished by a fine not
exceeding one thousand dollars ($1,000), imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment.
   (b) Every person who, during the commission of any offense
described in subdivision (a), removes or takes any weapon, other than
a firearm, from the person of, or immediate presence of, a public
officer or peace officer shall be punished by imprisonment in a
county jail not to exceed one year or pursuant to subdivision (h) of
Section 1170.
   (c) Every person who, during the commission of any offense
described in subdivision (a), removes or takes a firearm from the
person of, or immediate presence of, a public officer or peace
officer shall be punished by imprisonment pursuant to subdivision (h)
of Section 1170.
   (d) Except as provided in subdivision (c) and notwithstanding
subdivision (a) of Section 489, every person who removes or takes
without intent to permanently deprive, or who attempts to remove or
take a firearm from the person of, or immediate presence of, a public
officer or peace officer, while the officer is engaged in the
performance of his or her lawful duties, shall be punished by
imprisonment in a county jail not to exceed one year or pursuant to
subdivision (h) of Section 1170.
   In order to prove a violation of this subdivision, the prosecution
shall establish that the defendant had the specific intent to remove
or take the firearm by demonstrating that any of the following
direct, but ineffectual, acts occurred:
   (1) The officer's holster strap was unfastened by the defendant.
   (2) The firearm was partially removed from the officer's holster
by the defendant.
   (3) The firearm safety was released by the defendant.
   (4) An independent witness corroborates that the defendant stated
that he or she intended to remove the firearm and the defendant
actually touched the firearm.
   (5) An independent witness corroborates that the defendant
actually had his or her hand on the firearm and tried to take the
firearm away from the officer who was holding it.
   (6) The defendant's fingerprint was found on the firearm or
holster.
   (7) Physical evidence authenticated by a scientifically verifiable
procedure established that the defendant touched the firearm.
   (8) In the course of any struggle, the officer's firearm fell and
the defendant attempted to pick it up.
   (e) A person shall not be convicted of a violation of subdivision
(a) in addition to a conviction of a violation of subdivision (b),
(c), or (d) when the resistance, delay, or obstruction, and the
removal or taking of the weapon or firearm or attempt thereof, was
committed against the same public officer, peace officer, or
emergency medical technician. A person may be convicted of multiple
violations of this section if more than one public officer, peace
officer, or emergency medical technician are victims.
   (f) This section shall not apply if the public officer, peace
officer, or emergency medical technician is disarmed while engaged in
a criminal act.
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Last modified: February 16, 2015