What are the elements of resisting a peace officer?

The elements of resisting a peace officer are: " ` "(1) the defendant willfully resisted, delayed, or obstructed a peace officer, (2) when the officer was engaged in the performance of his or her duties, and (3) the defendant knew or reasonably should have known that the other person was a peace officer engaged in the performance of his or her duties." ' " (Yount v. City of Sacramento (2008) 43 Cal.4th 885, 894-895.) Implicit in the second element is the rule that the officer was acting lawfully. "The rule flows from the premise that because an officer has no duty to take illegal action, he or she is not engaged in `duties,' for purposes of an offense defined in such terms, if the officer's conduct is unlawful." (People v. Gonzalez (1990) 51 Cal.3d 1179, 1217.) Accordingly, California (and other jurisdictions) has a long-standing rule that one cannot be convicted of an offense against a peace officer engaged in the performance of his duties unless the officer was acting lawfully at the time. (Ibid.)