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California Penal Code 69 PC defines the crime of resisting an executive officer. This means using threats or violence to try to prevent executive officers from performing their legal duties. A conviction carries a maximum sentence of up to 3 years in jail.

The full language of the code section states that:

69. (a) Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who knowingly resists, by the use of force or violence, the officer, in the performance of his or her duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment.

(b) The fact that a person takes a photograph or makes an audio or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a).

Resisting an executive officer is closely related to the crime of resisting arrest (Penal Code 148 PC). Though 69 PC is a more serious offense because it involves the use of threats of violence. The section also applies to a broader set of executive duties than just making an arrest.

The issue of resisting the police has gained a great deal of attention after the George Floyd killing and subsequent protests over racial injustice and police abuse.

Examples

• Mark tries to push a police officer, who is attempting to arrest his friend for petty theft.
• Monique blocks the door to a city council member’s office so that the official is denied access.
• Paco “cuts the power” to a county courtroom so that a prosecutor cannot prove a criminal case against his brother.

Defenses

There are several legal defenses that you can use to contest a charge brought under this statute. These include showing that:

• the officer’s conduct was unlawful,
• you were acting in self-defense, and/or
• the “victim” was not an executive officer.

Penalties

A violation of this code section is a wobbler offense, meaning that it can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, the offense is punishable by:

• up to one year in county jail, or
• misdemeanor (or summary) probation.

If charged as a felony, the offense is punishable by:

• up to three years in county jail, or
• felony (or formal) probation.

Resisting an executive officer is not generally not a strike under California’s three-strikes law. Though it can be treated as a strike if the officer suffers great bodily injury or if a firearm or deadly weapon is used.1

Additional Consequences

Note that if you are convicted of this crime, this conviction may lead to:

• immigration consequences, and
• loss of your gun rights.

Also, note that you can have a conviction expunged once you successfully complete:

• probation, or
• any jail time.

Our California criminal defense attorneys will explain the following in this article:

• 1. What does it mean to resist an executive officer?
  • 1.1. Willfully
  • 1.2. Threat of violence
  • 1.3. Violence
• 2. What are the best defenses to 69 PC?
  • 2.1. The officer’s conduct was unlawful
  • 2.2. Self-defense
  • 2.3. No executive officer
• 3. What are the penalties?
• 4. Can this offense lead to deportation?
• 5. Can I get an expungement after a conviction?
• 6. Does a conviction affect my gun rights?
• 7. Are there civil remedies for a false arrest?
  • 7.1. False arrest
  • 7.2. Section 1983 claims
• 8. Are there laws related to this statute?
  • 8.1. Battery on a peace officer – PC 243
  • 8.2. Evading a police officer – VC 2800.1
  • 8.3. Criminal threats – PC 422

1. What does it mean to resist an executive officer?

Penal Code 69 PC is the California statute that makes it a crime to either:

1. try to prevent an executive officer from performing their duties, or
2. resist an executive officer in the performance of their duties.

Under a prevention offense, the prosecutor must prove two things to successfully convict you under this code section. These are:

1. you willfully and unlawfully used violence, or a threat of violence, to try to prevent an officer from performing a lawful duty, and
2. when you acted, you did so intentionally.2

Under the resistance offense, the prosecutor must prove three things to successfully convict you. These are:

1. you unlawfully used force or violence to resist an executive officer,
2. when you acted, the officer was performing a lawful duty, and
3. when you acted, you knew the officer was performing a duty.3

An executive officer is defined as a government official who may use their own discretion in performing his duties.4 Examples include:

• police officers and sheriffs,
• judges,
• government prosecutors and defense attorneys, and
• other elected officials.

Note that questions often arise under this code section on the meaning of:

1. willfully,
2. threat of violence,
3. violence, and

1.1. Willfully

For purposes of this code section, you commit an act willfully when you do it willingly or on purpose.5

1.2. Threat of violence

Under this statute, a threat may be oral or written and may be implied by a pattern of conduct or a combination of statements and conduct.6

Note that you do not have to communicate the threat directly to the intended victim, but you may do so through someone else.7

Note also that it is not necessary, for a guilty conviction, that you have the actual ability to carry out the threat.8

1.3. Violence

“Force” and “violence,” under this code section mean any unlawful application of physical force against another person.

It is not necessary that the application causes harm or pain – the slightest touch is enough if done in a rude, angry, or offensive manner.9

2. What are the best defenses to 69 PC?

You can try to beat a charge under this code section with a good legal defense.

Three common defenses to 69 PC accusations involve asserting that:

1. the officer’s conduct was unlawful
2. you acted in self-defense, and/or
3. it was not an executive officer

2.1. The officer’s conduct was unlawful

An officer must be performing some lawful duty in order for you to be found guilty under this statute.10 This means a solid defense is for you to show that, while you may have interfered with an officer, that officer was acting unlawfully.

A peace officer is not lawfully performing their duties if they are:

• unlawfully arresting or detaining you, or
• using unreasonable or excessive force in their duties.11

Note that if this defense is used, it is a smart idea for a defense attorney to file a Pitchess motion. This is your request for information contained in a law enforcement officer’s personnel file. California criminal defense attorneys typically file this motion as part of the pretrial process when they believe you have been a victim of police misconduct.

If it turns out that other people have accused the officer of misconduct, this could be used to impeach their credibility. This could lead to the charge being reduced or dismissed.

2.2. Self-defense

If you resisted an executive officer who was using excessive force against you, you are entitled to exercise your right to defend yourself in accordance with California’s self-defense laws. These laws will protect your conduct as long as the force you used was reasonable under the circumstances.12

2.3. No executive officer

Recall that PC 69 only applies to executive officers. This means it is a valid defense for you to show that the alleged victim does not meet the definition of an executive officer.

3. What are the penalties?

A violation of Penal Code 69 PC is a wobbler offense, meaning that it can be charged as either a misdemeanor or a felony.

If charged as a misdemeanor, the offense is punishable by:

• misdemeanor (or summary) probation,
• up to one year in county jail, and/or
• a maximum fine of $10,000.13

If charged as a felony, the offense is punishable by:

• felony (or formal) probation,
• up to three years in county jail, and/or
• a fine of up to $10,000.14

4. Can this offense lead to deportation?

A conviction of resisting an executive officer may result in negative immigration consequences.

United States immigration law says that some California criminal convictions can lead to a non-citizen being deported. Some convictions can also make an immigrant “inadmissible.”

A category of “deportable” or “inadmissible” crimes includes aggravated felonies.15

This means that:

1. if you are convicted of felony resisting an officer, and
2. the facts show that the felony is an “aggravated” felony,

then the conviction may have detrimental immigration effects.

5. Can I get an expungement after a conviction?

You can seek to get the conviction expunged.

An “expungement” releases you from virtually “all penalties and disabilities” arising out of the conviction.16

As a basic rule, PC 1203.4 authorizes an expungement for a misdemeanor or felony offense provided you:

1. successfully completed probation, and
2. are not currently charged with a criminal offense, on probation for one, or serving a sentence for a crime.17

This means that once you have successfully completed probation or served out a jail term, then you may begin trying to get the crime expunged.

6. Does a conviction affect my gun rights?

A conviction of violating 69 PC may have an effect on your gun rights.

According to California law, convicted felons are prohibited from acquiring or possessing a gun in California.

This means that:

1. if a prosecutor charges a violation of this code section as a felony, and
2. you get convicted,

then that conviction would mean you would have to give up any gun ownership and possession rights.

7. Are there civil remedies for a false arrest?

There are instances when you may get injured because an executive officer is acting unlawfully. In these situations, you may be able to file a civil lawsuit for:

1. false arrest, or
2. a violation of United States Code Section 1983.

7.1. False Arrest

A false arrest is a type of wrongful arrest in which you are detained without your consent and without legal authority. In the event that a false arrest occurs, you can bring a civil lawsuit against the police and try to obtain compensation for any losses incurred.

To succeed in such a civil suit, you must successfully prove the following:

1. the police arrested you without a warrant,
2. you were harmed, and
3. the officer’s conduct was a substantial factor in causing that harm.18

You may be able to obtain both:

• compensatory damages, and
• punitive damages.

7.2. Section 1983 Claims

United States Code Section 1983 is a law that allows people whose constitutional rights have been violated by government officials the chance to sue those officials in court.

The constitutional rights protected by Section 1983 include:

• the Fourth Amendment constitutional right against unreasonable search and seizure, and
• the Eighth Amendment constitutional right against cruel and unusual punishment.

This means if an executive officer violates either of these rights of a party, that party may try to bring a civil suit to recover any damages the officer caused.

A plaintiff bringing this suit may be able to recover both:

• compensatory damages, and
• punitive damages.

8. Are there laws related to this statute?

There are three laws related to resisting an executive officer. These are:

1. battery on a peace officer – PC 243,
2. evading a police officer – VC 2800.1, and
3. criminal threats – PC 422.

8.1. Battery on a peace officer – PC 243

Penal Code 243 PC makes it a crime to:

1. unlawfully harm or touch a police officer in an offensive manner, and
2. to do so, while the officer is engaged in the performance of his duties.

Note that this offense applies only to police officers, while PC 69 applies to the broader topic of executive officers.

8.2. Evading a police officer – VC 2800.1

Vehicle Code 2800.1 VC makes it a crime to willfully attempt to flee from a police officer who is pursuing you in a car or on a bicycle.

Note that Penal Code 69 is much broader in scale since VC 2800.1 only applies to the limited fact pattern of trying to flee from a cop that is in a car or on a bike.

8.3. Criminal threats – PC 422

Penal Code 422 PC is the California statute that defines the crime of “criminal threats.”

A “criminal threat” is made when:

1. you threaten to kill or physically harm another person, and
2. that person is thereby placed in a state of reasonably sustained fear for their safety or for the safety of their immediate family.19

Note that the victim here does not have to be limited to an executive officer or a police officer.

For additional help…

If you or someone you know has been accused of resisting an executive officer per Penal Code 69 PC, we invite you to contact us for a consultation. We can be reached 24/7.

For similar accusations in Nevada, please see our article on: “Nevada’s Law on ‘Interfering With a Public Officer’ (NRS 197.090).”

Legal References:

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