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Return to CALJIC Part 9-12 – Contents

F 9.21.1a

Drawing or Exhibiting Firearm/Deadly Weapon

With Intent To Resist Peace Officer:  Knowledge Element

 

(PC 417.8)

*Add to CJ 9.21.1:

3.             The defendant knew that the person making the [arrest] [or] [detention] was a peace officer.

Points and Authorities

CJ 9.21.1 (July 1997 Pocket part) follows the statutory language of PC 417.8 by requiring a specific intent to resist or prevent arrest or detention by a peace officer.  However, this language does not make it clear whether the statute also requires knowledge that the arresting person is a peace officer.  For example, if the peace officer is in plain clothes and never states that he or she is an officer, the defendant may specifically intend to avoid arrest or detention which is being made by a peace officer without actually knowing that the person is a peace officer.  Because criminal statutes must be construed in the favor of the defendant (Dunn v. United States (79) 442 US 100, 112 [60 LEd2d 743; 99 SCt 2190; People v. Anderson (87) 43 C3d 1104, 1145-46 [240 CR 585]), this statute should require actual knowledge that the person is a peace officer.
See also FORECITE F 9.07 n4 as to the applicability to weapons that are non-inherently dangerous.

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