California Penal Code 69 is a state law designed to protect executive officers from interference while they perform their official duties. It specifically addresses acts of resisting, deterring, or preventing these officers through the use of threats or violence. An accusation under this statute criminalizes conduct that directly challenges the lawful authority of public officials. The code covers a range of confrontational behaviors, from threats intended to stop an officer from acting to forceful resistance during an encounter.
What Constitutes Resisting an Executive Officer
The offense of resisting an executive officer under Penal Code 69 targets interference with a specific class of public servants. An “executive officer” is a government official who exercises discretion in their role, not just someone who follows a set of rote instructions.1Justia. CALCRIM No. 2652. Resisting an Executive Officer in Performance of Duty (Pen. Code, § 69) This category is broad and includes law enforcement personnel like police officers and sheriff’s deputies, as well as judges and district attorneys. The core of the offense involves willfully acting to undermine an officer’s lawful actions with the specific purpose of obstructing them, and it is not concerned with accidental interference or passive non-compliance.
Key Elements for a PC 69 Conviction
For a prosecutor to secure a conviction under Penal Code 69, they must prove several distinct elements beyond a reasonable doubt. First, they must establish that the individual involved was an executive officer as defined by law. The prosecution must present evidence that the officer’s position required them to use their own discretion.
Another element is that the executive officer must have been lawfully performing their duties. If an officer uses excessive force or is otherwise acting unlawfully, a person may not be guilty.2Justia. CALCRIM No. 2670. Lawful Performance: Peace Officer The prosecution must also show that the defendant knew the person they were dealing with was an executive officer. Finally, it must be proven that the defendant used threats or violence to deter or resist the officer.
Prohibited Actions Under PC 69
Penal Code 69 outlines two distinct ways the law can be violated. The first involves attempting to deter or prevent an officer from performing a duty. This part of the law addresses future actions, where an individual uses threats or violence to discourage an officer from carrying out a task. For instance, threatening to harm an officer to stop them from making an arrest would fall under this category. The threat itself is the crime, even if the officer is not ultimately deterred.
The second type of prohibited conduct involves knowingly resisting an officer by using force or violence while the officer is actively performing their duty.3California Public Law. California Penal Code Section 69 (2025) This applies to situations already in progress, such as physically struggling with an officer attempting to place someone under arrest. The level of force needed is not high; even a minor offensive touching can qualify if it’s used to resist the officer.
Potential Penalties for a PC 69 Violation
A violation of Penal Code 69 is a “wobbler” in California law, meaning the prosecutor has the discretion to charge it as either a misdemeanor or a felony.4FindLaw. California Code, Penal Code – PEN § 17 This decision depends on the specifics of the case, including the severity of the violence or threats used, whether the officer sustained any injuries, and the defendant’s prior criminal history.
If convicted of a misdemeanor, the penalties can include up to one year in county jail and a fine of up to $10,000. A felony conviction can lead to imprisonment in county jail for 16 months, two years, or three years, and a potential fine of up to $10,000.5California Public Law. California Penal Code Section 1170 (2025) A felony conviction also prohibits the individual from owning or possessing a firearm.6FindLaw. California Code, Penal Code – PEN § 29800