2 California Criminal Law (3d), Crimes Against Governmental Authority

 

I. OBSTRUCTING JUSTICE

A. [§1] In General.

B. [§2] Obstruction by Judicial Officer.

C. [§3] Exciting Litigation (Barratry).

D. [§4] Falsification or Suppression of Evidence.

E. Acts Involving Witnesses and Victims.

1. [§5] In General.

2. Intimidating Witness or Victim.

(a) [§6] Preventing or Dissuading Person From Testifying or Reporting Crime.

(b) [§7] Revelation of Name by Convicted Sex Offender.

(c) [§8] Threat of Force by Convicted Felon.

(d) [§9] Use of Force Against Person Cooperating With Law Enforcement.

(e) [§10] Orders and Sanctions.

3. [§11] Deceiving Witness To Procure False Testimony.

4. [§12] Inducing Witness To Give False or Withhold True Testimony.

5. [§13] Disclosure of Information by Prospective Witness for Consideration.

F. Acts Involving Jurors, Referees, and Arbitrators.

1. [§14] In General.

2. [§15] Disclosure or Solicitation of Juror Information.

G. [§16] Threats Against State Officials.

H. Interference With Law Enforcement Officers.

1. [§17] In General.

2. Resisting, Delaying, or Obstructing Officer.

(a) [§18] In General.

(b) [§19] Verbal Interference.

(c) [§20] Removal of Weapon From Officer.

(d) [§21] Wilful Resistance Causing Death or Serious Injury.

I. Compounding Crime.

1. [§22] In General.

2. Compromise of Misdemeanor Where Civil Remedy Available.

(a) [§23] Permissible Compromises.

(b) [§24] Prohibited Compromises.

(c) [§25] Misdemeanor Hit-and-Run Violations.

J. Making False Report.

1. [§26] False Report of Crime.

2. [§27] False Report of Bomb or Explosive.

3. [§28] Other False Reports.

K. Contempt.

1. [§29] In General.

2. [§30] Offenses Constituting Contempt.

L. [§31] Miscellaneous Offenses.

 

II. BRIBERY

A. [§32] Nature of Crime.

B. Persons Who May Be Bribed.

1. Executive Officers.

(a) [§33] In General.

(b) [§34] Local and Minor Officers.

2. [§35] Ministerial Officers.

3. [§36] Legislative Officers.

4. [§37] Judicial Officers and Jurors.

5. Witnesses.

(a) [§38] Bribery To Prevent Testimony or Information.

(b) [§39] Bribery To Prevent Attendance.

(c) [§40] Prospective Witnesses.

6. [§41] Participants in Political Activities.

7. [§42] Participants and Officials in Sporting Events.

8. [§43] Officials of Financial Institutions.

9. [§44] Employees (Commercial Bribery).

10. [§45] Other Persons.

C. Elements of Crime.

1. [§46] The Bribe (Something of Value).

2. Acts Constituting Bribery.

(a) [§47] Briber-Giving and Bribee-Receiving.

(b) [§48] Briber Offering.

(c) [§49] Bribee Asking or Agreeing To Receive.

(d) [§50] Solicitation of Another To Bribe.

3. Intent.

(a) [§51] Corrupt Intent.

(B) [§52] Mutual Intent Not Required.

4. Object of Bribe.

(a) [§53] In General.

(b) Scope of Official Action.

(1) [§54] General Principles.

(2) [§55] Illustrations.

 

III. PERJURY AND SUBORNATION OF PERJURY

A. Perjury.

1. In General.

(a) [§56] Nature of Crime.

(b) [§57] Statutory Provisions.

(c) [§58] Effect of Special Statute.

(d) [§59] Verdict in Prior Trial Immaterial.

2. Elements.

(a) [§60] In General.

(b) Oath or Affirmation.

(1) [§61] Nature and Form.

(2) [§62] Authority To Administer.

(3) [§63] Oath Required or Authorized.

(c) False Statement.

(1) [§64] In General.

(2) [§65] Delivery of Written Statement.

(d) Knowledge and Intent.

(1) [§66] In General.

(2) [§67] Statement Without Belief in Truth.

(3) [§68] False Statement of Opinion.

(e) Materiality of Statement.

(1) [§69] In General.

(2) [§70] Pleading and Proof.

(3) [§71] Determination by Jury.

(4) Illustrations.

(aa) [§72] Judicial Proceedings.

(bb) [§73] Legislative Hearings.

(cc) [§74] Other Proceedings.

3. Requirement of Corroboration.

(a) Former Law.

(1) [§75] Nature and Purpose of Requirement.

(2 [§76] Direct and Corroborative Evidence.

(3) [§77] Sufficiency of Evidence.

(b) [§78] Statutory Revision of 1969.

B. Subornation of Perjury.

1. [§79] Nature and Elements of Crime.

2. [§80] Knowledge of Falsity.

3. [§81] Solicitation Distinguished.

 

IV. ESCAPE AND RESCUE

A. Escape.

1. [§82] Nature of Offense.

2. Elements.

(a) Lawful Custody.

(1) [§83] In General.

(2) [§84] Confinement Wholly Without Legal Authority.

(3) [§85] Confinement Merely Irregular.

(b) [§86] Unauthorized Departure.

(c) [§87] Intent.

3. Escape From State Prison, Camp, or Farm.

(a) [§88] Offenses.

(b) [§89] Punishment.

4. Escape From City or County Jail or Detention.

(a) Offenses.

(1) [§90] Misdemeanants or Inebriates.

(2) [§91] Felons or Juveniles.

(3) [§92] Failure To Return to Place of Confinement.

(b) [§93] Status as Prisoner.

(c) Punishment.

(1) [§94] State Prison or County Jail.

(2) [§95] Probation.

5. [§96] Escape From Juvenile Hall or Camp.

6. [§97] Escape From Other Institutions.

B. [§98] Assisting Escape.

C. [§99] Rescue.

D. [§100] Aiding Prisoner.

E. [§101] Flight of Sex Offender.

 

V. MISCONDUCT IN PUBLIC OFFICE

A. [§102] In General.

B. Affirmative Acts.

1. [§103] Exaction or Acceptance of Fee.

2. [§104] Interference With Person or Property.

3. [§105] Private Activities or Conflict of Interest.

4. [§106] Disclosure of Confidential Information or Secret Proceedings.

5. [§107] Other Wrongful Acts.

C. [§108] Neglect of Duty.

D. Removal From Office.

1. [§109] Accusation Before Grand Jury.

2. [§110] What Constitutes Misconduct.

3. [§111] Mere Negligence Insufficient.

4. [§112] Intent.

 

VI. TREASON AND RELATED OFFENSES

A. [§113] Treason.

B. [§114] Other Federal Offenses.

C. Other State Offenses.

1. [§115] Criminal Syndicalism and Similar Acts.

2. [§116] Sabotage.

3. [§117] Registration of Subversive Organizations.

 

VII. INTERFERENCE WITH EXECUTIVE OFFICER

A. [§118] In General.

B. [§119] Preventing or Resisting Performance of Duties.

C. [§120] Threatening Public Officer.

D. [§121] Improper Assumption of Office.

 

VIII. INTERFERENCE WITH LEGISLATIVE POWER

A. [§122] Organization and Functioning of Legislature.

B. [§123] Illegal Lobbying and Related Offenses.

C. [§124] Witnesses Before Legislature.

D. [§125] Secret Meetings.

 

IX. TAX OFFENSES

A. [§126] In General.

B. Personal Income Taxes.

1. [§127] Returns and Payment: Misdemeanors.

2. [§128] Returns and Payment: Felonies.

3. [§129] Failing To Withhold, Collect, or Pay Over.

4. [§130] Disclosing Information.

5. [§131] Wrongfully Using Income Tax Refund.

C. [§132] Bank and Corporation Taxes.

D. [§133] Sales and Use Taxes.

E. [§134] Fuel Taxes.

F. [§135] Liquor and Cigarette Taxes.

G. [§136] Local Taxes.

 

X. ELECTIONS OFFENSES

A. [§137] In General.

B. [§138] Campaign Literature and Statements.

C. [§139] Fund-Raising and Nomination.

D. [§140] Illegal Registration or Voting.

E. [§141] Wrongs Against Voters.

F. [§142] Canvasses, Returns, or Ballots.

G. Initiative, Referendum, and Recall.

1. [§143] Misuse of Procedure.

2. [§144] Interference With Procedure.

H. [§145] Crimes of Election Officials.

 

XI. PUBLIC AID OFFENSES

A. [§146] In General.

B. By Applicants and Recipients.

1. [§147] In General.

2. [§148] Misuse, Forgery, or Embezzlement.

C. By Providers.

1. [§149] False Claims.

2. [§150] Illegal Payment for Referral or Services.

D. [§151] Relationship to Other Crimes.

E. [§152] Demand for Restitution as Prerequisite to Prosecution.

 

XII. OTHER OFFENSES

A. [§153] Unemployment Compensation Offenses.

B. [§154] Unauthorized Release of Criminal Records.

C. [§155] Money Laundering.

D. [§156] Unlawful Recording of Document.

E. [§157] Misleading Motor Vehicle Authorities or Probation Officers.