Chapter 9.04
OFFENSES AGAINST GOVERNMENT OPERATIONS
Sections:
9.04.020 Obstructing a peace officer or fireman.
9.04.030 Interfering with a police officer.
9.04.050 Conspiracy to commit a crime.
9.04.060 Impersonating a peace officer.
9.04.070 Impersonating a public servant.
9.04.080 False reporting to authorities.
9.04.090 Use of false statements or documents.
9.04.010 Resisting arrest.
A. It is unlawful for any person to resist arrest. For purposes of this section, a person commits resisting arrest if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, by:
1. Using or threatening to use physical force or violence against the peace officer or another; or
2. Using any other means which creates a substantial risk of causing bodily injury to the peace officer or another.
B. It is no defense to a prosecution under this section that the peace officer was attempting to make an arrest which in fact was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A peace officer acts “under color of his official authority” when, in the regular course of assigned duties, he is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him.
C. “Peace officer,” as used in this section and Section 9.04.020 means a police officer in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as a peace officer to the person whose arrest is attempted. (Prior code § 102)
9.04.020 Obstructing a peace officer or fireman.
A. It is unlawful for any person to obstruct a peace officer or fireman. For purposes of this section, a person commits obstructing a peace officer or fireman, when, by using or threatening to use violence, force, or physical interference, or obstacle, he intentionally obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer acting under color of his official authority, or intentionally obstructs, impairs, or hinders the prevention, control, or abatement of fire by a fireman acting under color of his official authority.
B. It is no defense to a prosecution under this section that the peace officer was acting in an illegal manner, if he was acting under color of his official authority as defined in Section 9.04.010 (B).
C. This section does not apply to obstruction, impairment, or hindrance of the making of an arrest.
D. Obstructing a peace officer or fireman is a misdemeanor. (Prior code § 10-3)
9.04.030 Interfering with a police officer.
A. It is unlawful for any person, in any way, to interfere with or hinder any police officer, any member of the Police Department, or any person duly empowered with police authority, while such officer, member or person duly empowered with police authority is discharging or apparently discharging his duties.
B. Upon conviction of a violation of this section, there shall be imposed a penalty as specified in Section 1.16.010. (Prior code § 10-3.1)
9.04.040 Accessory to crime.
A. It is unlawful for a person to be an accessory to a crime. For purposes of this section a person is an accessory to crime if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a crime, he renders assistance to such person, as provided in this section.
“Render assistance” means to:
1. Harbor or conceal the other; or
2. Warn such person of impending discovery or apprehension, except that this section does not apply to a warning given in an effort to bring such person into compliance with the law; or
3. Provide such person with money, transportation, weapon, disguise, or other things to be used in avoiding discovery or apprehension; or
4. By force, intimidation, or deception, obstructs anyone in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of such person; or
5. Conceal, destroy or alter any physical evidence that might aid in the discovery, detection, apprehension, prosecution, conviction or punishment of such person.
B. In order to be an accessory to a crime the offender must know that the person being assisted has committed or has been convicted of or is charged by pending information, indictment, or complaint with a crime, or is suspected of or wanted for a crime. (Prior code § 10-4)
9.04.050 Conspiracy to commit a crime.
A. A person commits conspiracy to commit a crime if, with the intent to promote or facilitate its commission, he agrees with another person or persons that they, or one or more of them, will engage in conduct which constitutes a crime or an attempt to commit a crime, or he agrees to aid the other person or persons in the planning or commission of a crime or of an attempt to commit such crime.
B. No person may be convicted of conspiracy to commit a crime, unless an overt act in pursuance of that conspiracy is proved to have been done by him or by a person with whom he conspired.
C. If a person knows that one with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring to commit a crime with the other person or persons, whether or not he knows their identity.
D. If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are part of a single criminal episode.
E. Violation of the provisions of this section shall be punished as provided in Section 1.16.010 of this code. (Ord. 1995-17 § 8; Ord. 1989-9 §§ 1-5: prior code § 10-32)
9.04.060 Impersonating a peace officer.
It is unlawful for a person to falsely pretend to be a peace officer and perform an act in that pretended capacity. (Prior code § 10-6)
9.04.070 Impersonating a public servant.
A. It is unlawful for any person to impersonate a public servant. For purposes of this section, a person commits impersonating a public servant if he falsely pretends to be a public servant other than a peace officer and performs any act in that pretended capacity.
B. It is no defense to a prosecution under this section that the office the actor pretended to hold did not in fact exist. (Prior code § 10-7)
9.04.080 False reporting to authorities.
A person commits false reporting to authorities if:
1. He makes a report or knowingly causes the transmission of a report to law enforcement authorities of the city of a crime or other incident within their official concern when he knows that it did not occur; or
2. He makes a report or knowingly causes the transmission of a report to law enforcement authorities of the city pretending to furnish information relating to an offense or other incident within their official concern when he knows that he has no such information or knows that the information is false. (Prior code § 10-24)
9.04.090 Use of false statements or documents.
It is unlawful for any person to make false statements or to furnish, present or exhibit any fictitious or false registration card or note or other document for any unlawful purpose, or to furnish, present or exhibit such document or documents issued to a person other than the one presenting the same for the purpose of:
A. Gaining admission to prohibited places or for the purpose of procuring the sale, gift or delivery of prohibited articles, including beer, liquor, wine or fermented malt beverages; or
B. Withholding his true and or accurate identity from an officer with the Police Department of the city if the police officer reasonably suspects the person is committing, has committed or is about to commit a crime. (Prior code § 10-25)