What is the test for a defendant to be found guilty of a section 69 violation of the California Civil Code of Civil Procedure?

California, United States of America


The following excerpt is from People v. Arch, E064324 (Cal. App. 2017):

"Section 69 can be violated in two separate ways. '"The first is attempting by threats or violence to deter or prevent an officer from performing a duty imposed by law; the second is resisting by force or violence an officer in the performance of his or her duty."'" (People v. Brown (2016) 245 Cal.App.4th 140, 149.) In this case, the jury was instructed about the second type of section 69 violation, which requires the prosecution to prove the defendant knowingly resisted the officer "'"by the use of force or violence,"'"

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