Cal Pen Code § 148 (2004)
§ 148. Resisting public or peace officers or emergency medical
technicians in discharge of their duties; Removal of weapon from person or
presence of public or peace officer
(a)(1) Every person who willfully resists, delays, or obstructs
any public officer, peace officer, or an emergency medical technician, as
defined in Division 2.5 (commencing with Section
1797) of the Health and Safety Code, in the discharge or attempt to discharge
any duty of his or her office or employment, when no other punishment is
prescribed, shall be punished by a fine not exceeding one thousand dollars ($
1,000), or by imprisonment in a county jail not to exceed one year, or by both
that fine and imprisonment.
(2) Except as provided by subdivision (d) of Section 653t,
every person who knowingly and maliciously interrupts, disrupts, impedes, or
otherwise interferes with the transmission of a communication over a public
safety radio frequency shall be punished by a fine not exceeding one thousand
dollars ($ 1,000), imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment.
(b) Every person who, during the commission of any offense
described in subdivision (a), removes or takes any weapon, other than a
firearm, from the person of, or immediate presence of, a public officer or
peace officer shall be punished by imprisonment in a county jail not to exceed
one year or in the state prison.
(c) Every person who, during the commission of any offense
described in subdivision (a), removes or takes a firearm from the person of, or
immediate presence of, a public officer or peace officer shall be punished by
imprisonment in the state prison.
(d) Except as provided in subdivision (c) and notwithstanding
subdivision (a) of Section 489, every person who removes or takes without
intent to permanently deprive, or who attempts to remove or take a firearm from
the person of, or immediate presence of, a public officer or peace officer,
while the officer is engaged in the performance of his or her lawful duties,
shall be punished by imprisonment in a county jail not to exceed one year or in
the state prison.
In order to prove a violation of this subdivision, the
prosecution shall establish that the defendant had the specific intent to
remove or take the firearm by demonstrating that any of the following direct,
but ineffectual, acts occurred:
(1) The officer's holster strap was unfastened by the
defendant.
(2) The firearm was partially removed from the officer's
holster by the defendant.
(3) The firearm safety was released by the defendant.
(4) An independent witness corroborates that the defendant
stated that he or she intended to remove the firearm and the defendant actually
touched the firearm.
(5) An independent witness corroborates that the defendant
actually had his or her hand on the firearm and tried to take the firearm away
from the officer who was holding it.
(6) The defendant's fingerprint was found on the firearm or
holster.
(7) Physical evidence authenticated by a scientifically
verifiable procedure established that the defendant touched the firearm.
(8) In the course of any struggle, the officer's firearm fell
and the defendant attempted to pick it up.
(e) A person shall not be convicted of a violation of
subdivision (a) in addition to a conviction of a violation of subdivision (b),
(c), or (d) when the resistance, delay, or obstruction, and the removal or
taking of the weapon or firearm or attempt thereof, was committed against the
same public officer, peace officer, or emergency medical technician. A person
may be convicted of multiple violations of this section if more than one public
officer, peace officer, or emergency medical technician are victims.
(f) This section shall not apply if the public officer, peace
officer, or emergency medical technician is disarmed while engaged in a
criminal act.