California Penal Code
Penal Code § 148 Resisting, Delaying, or Obstructing a Peace Officer
Makes it a misdemeanor to willfully resist, delay, or obstruct a peace officer who is lawfully performing their duties.
Statute text, verbatim
What the code actually says
The verbatim text for this section is being re-verified. Read it on the official California legislative site in the meantime.
Read on leginfo.legislature.ca.govReport readiness
What a report needs to survive this charge.
Knowing the code is the easy part. Cases get kicked when the narrative never documents an element the prosecutor has to prove.
Elements to document
- The officer was lawfully performing a duty at the time
- The suspect willfully resisted, delayed, or obstructed that duty
- The suspect knew, or reasonably should have known, the person was an officer
- The conduct is described as specific acts, not a conclusion
Common report defects
- Narrative states the suspect 'resisted' without describing what they physically did
- Lawfulness of the underlying detention or arrest is never articulated
- No facts showing the suspect knew the person was a peace officer
Abbreviated for reference. Report960 runs the full element and defect checklist against your narrative and quotes the exact passage behind every finding. This page is not legal advice.
Related sections
Charges that travel together.
Check a Penal Code § 148 report
Every element, checked.Every finding, quotable.
Paste or upload your narrative and Report960 flags the resisting, delaying, or obstructing a peace officer elements you left undocumented, grounded in the verbatim statute above.