1 CRIMES AGAINST THE JUSTICE SYSTEM Learning Domain 39 Learning Domain 39.

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Presentation transcript:

1 CRIMES AGAINST THE JUSTICE SYSTEM Learning Domain 39 Learning Domain 39

2 RESISTING OBSTRUCTIONING/DELAYING Penal Code 148(a)(1) - Misdemeanor Willfully resisting, _______, or __________ any public officer, peace officer, or emergency technician in the discharge or attempt to discharge any duty of that officer’s office or employment … is guilty of a misdemeanor Willfully resisting, _______, or __________ any public officer, peace officer, or emergency technician in the discharge or attempt to discharge any duty of that officer’s office or employment … is guilty of a misdemeanor

3 Obstructing/Resisting an Executive Officer PC 69 – Felony (no physical contact necessary) (w/b p 5-4)  every person, who by means of___________or violence, attempts to deter or prevent any executive officer from the performance of that officer’s duties or  knowingly resists any __________ officer, by the use of force or violence in the performance of that officer’s duties

4 Threatening a Public Officer Penal Code 71 – Felony (w/b p5-5) every person who every person who with _______ to cause, attempts to cause, or causes any, with _______ to cause, attempts to cause, or causes any, public officer or employee of any public or private educational institution to do or refrain from doing any act in the performance of his/her duties, public officer or employee of any public or private educational institution to do or refrain from doing any act in the performance of his/her duties, by means of a threat (cont) by means of a threat (cont)

5 Threatening a Public Officer directly communicated to the person, directly communicated to the person, to inflict an unlawful injury upon that person or that person’s property, and to inflict an unlawful injury upon that person or that person’s property, and it reasonably appears that the threat could be carried out…. it reasonably appears that the threat could be carried out….

6 PROVIDING A FALSE IDENTITY PC – misdemeanor (w/b p. 5-11)  any person who falsely represents or identifies oneself as _____________ (real or fictitious) to L/E  upon lawful detention or arrest to evade:  process of the court or  proper identification of that person by an investigating officer________________

7 PROVIDING A FALSE IDENTITY PC 529 – felony (wobbler)  every person who falsely personates another (for fraudulent purposes)  in that person’s private or official capacity  and while in such capacity does an act  and that act makes the person falsely personated liable for any _____________ consequences

8 Falsely Reporting a Crime or Emergency PC148.5 – Misdemeanor PC148.5 – Misdemeanor (w/b 5-13)  Reporting to any peace officer, district attorney or deputy district attorney that a felony or misdemeanor has occurred  Knowing that the _______________

9 Falsely Reporting an Emergency PC – Misdemeanor (w/b p 5-14)  any individual who reports to any __________________ that an emergency exists knowing such report to be false  If GBI or death results from the false report of an emergency, the crime becomes a felony (148.3(b)) (w/b p 5-14)

10 FALSELY REPORTING A DESTRUCTIVE DEVICE FELONY – to falsely report a bomb or other explosive has been, or will be placed in a public or private location PC (w/b p.5-15)

11 Impersonating a Peace Officer Penal Code 146(a)(b) – Felony any person _______________ oneself to be a public officer, investigator, or inspector in any state depart, and while in the assumed character  arrests, detains, or threatens to arrest, detain another person  otherwise intimidates any person  searches any person, building, or other property of any person, or  obtains ______________, or other thing of value

12 PERJURY Penal Code FELONY Any person who __________ testifies, declares, deposes or certifies under oath and knowingly presents false evidence on any material issue he or she knows to be false…..is guilty of perjury Any person who __________ testifies, declares, deposes or certifies under oath and knowingly presents false evidence on any material issue he or she knows to be false…..is guilty of perjury ……willfully states as true any ________________, which that person knows to be false ……willfully states as true any ________________, which that person knows to be false

13 INTIMIDATING OR THREATENING WITNESSES OR VICTIMS Penal Code Felony  Any person who knowingly and maliciously prevents or dissuades or attempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding or inquiry authorized by law or from making ______________ of victimization to L/E….

14 THREATS OF RETALIATION Penal Code 140 – Felony  ….any person who willfully and ____________________, threatens to use force or takes or damages any property of any person because that person provided assistance or information to L/E is ……

15 VIOLATING A COURT ORDER Penal Code 166 – Felony/Misdemeanor  …any person who willfully disobeys the written terms of any process or order lawfully issued by any court is guilty of a misdemeanor unless previously convicted within the past ____________ of an act of violence…

16 DISARMING/ATTEMPTING A PEACE OFFICER PC 148 (c) & (d) – Felony  every person who, during the commission of any offence described in PC 148 (a), removes, takes or attempts to remove or take a firearm from the person or from the immediate presence of a public officer… PC 148 (b) – Felony  same as above except “who removes takes, or attempts to remove any weapon ____________” from the person or from the immediate presence of a peace officer while that officer is engaged in the performance of the officer’s duties

17 POSSE COMITATUS “THE POWER OF THE COUNTY”, PC 150 – infraction …any able-bodied person, 18 years or older, if requested by a uniformed officer, an officer that presents a badge or valid ID or a judge, _____________ in an arrest or preventing a crime …any able-bodied person, 18 years or older, if requested by a uniformed officer, an officer that presents a badge or valid ID or a judge, _____________ in an arrest or preventing a crime

18 ESCAPE Attempting to escape or escaping from the custody of a peace officer...PC misd  any person who has been remanded by a magistrate to the custody of ….. and thereafter attempts or escapes from custody or  any person who has been lawfully arrested by a peace officer and knows that he/she was arrested and thereafter attempts or escapes  NOTE: DOES NOT APPLY IF ALREADY CONFINED

19 ESCAPE From State Prison – PC felony  every person who attempts/escapes from a state prison or while enroute to prison From city/county jail – PC 4532 – felony  every person arrested and booked and is confined to a city/county jail, industrial farm, work release program, home detention program or work release program attempts/escapes from custody

20 RESCUE RESCUE- PC 4550 – felony  every person who attempts/rescues any prisoner from any  prison  road camp  jail or  officer having that person in lawful custody  NOTE: can be ___________________

21 LYNCHING PC 405b - felony  _____ or more people acting together and use force or violence to take a legally arrested prisoner/person in lawful custody of a peace officer

22 Bribery Penal Code 68 – Felony  Asking for or receiving a bribe by an ________ _____________ Penal Code 67 – Felony  Giving or offering a bribe to an executive officer

23 IMPERSONATING A PEACE OFFICER Penal Code 538d – Misdemeanor  Any _________________,  who willfully wears, exhibits, or uses  the authorized uniform, badge, insignia, emblem, device, label, certificate, card or documents  of a peace officer with intent to fraudulently impersonate or induce the belief that he/she is a peace officer, or  who _________ induces the belief that he/she is a peace officer