ESCAPE/ EVASION/ PUBLIC DISTURBANCE
A convicted misdemeanor offender runs from deputies during transfer to jail. No injuries occur. Charge and classification?
What is PC 836.6(b); misdemeanor.
A person intentionally steps between EMTs and a patient, slowing access. No threats, no injury. What’s the correct charge?
What is PC 148(a)(1)?
A woman falsely reports to police that her car was stolen to avoid paying towing fees. No emergency response is triggered. Why is this not charged under PC 148.3 or PC 148.1, and what section does apply?
What is PC 148.5; it specifically covers knowingly making a false report of a crime to a peace officer—not emergencies or threats.
A suspect tells a victim, “If you call the police, I’ll come back tonight.” The victim never makes the call. Under which Penal Code section can the suspect be charged?
What is PC 136.1(b)?
Gonzalez violates a criminal protective order by calling the protected party multiple times. Why is this a chargeable offense under PC 166(a)(4) and not PC 273.6?
What is: PC 166(a)(4) applies to violations of criminal court orders issued during pending criminal cases
What’s the key legal distinction between PC 416(a) and PC 409 when a crowd is ordered to disperse?
PC 416(a): refusal to disperse; PC 409: remaining after lawful warning at a riot or unlawful assembly.
A bystander quietly films a traffic stop from the sidewalk without interfering, but the officer claims they're “resisting by filming.” Why is this not a violation of PC 148(a)(1), and what must be present for it to be criminal?
What is: PC 148(a)(1) requires actual resistance, delay, or obstruction. Mere recording is not a crime unless it includes conduct that physically or materially interferes with the officer’s lawful duties.
A person reports a fake gas leak to retaliate against a neighbor. What's the charge, and what must be proven?
What is PC 148.3(a); that the report was knowingly false and claimed an emergency.
What key difference distinguishes PC 140(a) from PC 136.1(a)?
What is retaliation after participation vs. prevention of participation?
A man gives a false name to an officer who casually asks for it while chatting during a consensual sidewalk encounter. Why is this not a violation of PC 148.9(a)?
What is: PC 148.9(a) only applies if the false identification is given during a lawful detention or arrest—not a consensual encounter. No detention means no crime under this section.
During a court transport, a prisoner tries to choke the guard and opens the vehicle door. What specific code applies?
What is PC 4530(b); escape using force or violence.
A man threatens a city building inspector over a zoning dispute. Which code applies—and what element is crucial for conviction?
What is PC 71; intent to deter the official from performing their duty.
Calling in a fake hostage situation as a prank is now commonly known by what slang term and usually violates which two Penal Codes?
What is “swatting”; violations of PC 148.3(a) or (b) and possibly PC 148.1(a)?
A court order is lawfully issued. The suspect is not present when it’s read in court but later violates it. What must be proven for PC 166(a)(4)?
What is that the defendant had knowledge of the order?
This Penal Code distinguishes itself by applying to threats directed specifically at school officials and can be a felony even without actual physical action.
What is PC 71?
You’re convicted of a misdemeanor and sent to the jail’s honor farm. You slip away during chow and disappear. What makes this a felony under certain circumstances?
What is causing serious bodily injury to an officer during the escape (PC 836.6(b))?
What legal distinction allows PC 69 to be charged as a felony when PC 148(a)(1) would not?
What is the use or threat of force against an executive officer?
Falsely claiming to be another real person to avoid arrest is not enough for PC 529 unless what additional element is present?
What is taking action in that identity to cause harm?
Which PC section is violated when a witness is offered money to “forget” and not testify, even if no threats are made?
What is PC 136.1(a)?
A man sees officers approaching and immediately runs. He is not under arrest, hasn’t been given commands, and the officers haven’t activated lights or sirens. Why might this not be a violation of PC 148(a)(1)?
What is: PC 148(a)(1) requires that the officer be lawfully performing duties and that the suspect's action willfully delayed, resisted, or obstructed them. Mere flight, without detention or commands, is not enough to violate the statute.
This Penal Code distinguishes itself by requiring a "substantial step" toward disarming an officer—even if the gun never leaves the holster.
What is PC 148(d)?
A man learns his house will be searched by a probation officer and leaves a threatening voicemail warning them not to show up. No violence occurs. Why might this be charged under PC 69 rather than PC 71?
Because PC 69 targets executive officers performing law enforcement duties, and the threat was made to deter performance, not merely intimidate.
A false bomb report causes financial losses but no injuries. Under what code is this charged, and what’s the classification?
What is PC 148.1(a); it’s a felony.
Under PC 136.1, what aggravating factor elevates a misdemeanor to a felony even without physical violence?
What is furtherance of a conspiracy or prior conviction?
A defendant intimidates a witness during trial proceedings and is later charged under both PC 136.1 and PC 140(a). Why is this legally permissible?
A defendant intimidates a witness during trial proceedings and is later charged under both PC 136.1 and PC 140(a). Why is this legally permissible?