Resisting Executive Officer
November 20th, 2014

 

 

PC 69 sets forth two separate ways in which the offense of resisting an executive officer may be committed: (1) by attempting to prevent an executive officer from performing his duty by use of threats or violence; and (2) by resisting by use of force or violence an officer in the performance of his or her duty. The second type of resisting an executive officer is a general intent crime and CC 2652 properly sets forth the elements of that crime. (People v. Rasmussen (2010)189 Cal. App. 4th 1411, 1418.)


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