663].) On request, the court must instruct that the prosecution has the burden of
proving the lawfulness of an arrest beyond a reasonable doubt. (People v. Castain
(1981) 122 Cal.App.3d 138, 145 [175 Cal.Rptr. 651].)
If lawful performance is an issue, give the bracketed paragraph on lawful
performance and the appropriate portions of CALCRIM No. 2670, Lawful
Performance: Peace Offıcer. When giving the portion of CALCRIM No. 2670 on
the “use of force,” the court must either delete the following sentence or specify
that this sentence does not apply to a charge of violating Penal Code section 148:
“If a person knows, or reasonably should know, that a peace officer is arresting or
detaining him or her, the person must not use force or any weapon to resist an
officer’s use of reasonable force.” (People v. White, supra, 101 Cal.App.3d at pp.
168–169 [court must clarify that Pen. Code, § 834a does not apply to charge under
If the prosecution alleges multiple, distinct acts of resistance, the court has a sua
sponte duty to instruct on unanimity. (People v. Moreno (1973) 32 Cal.App.3d
Supp. 1, 9 [108 Cal.Rptr. 338].) Give CALCRIM No. 3500, Unanimity, if needed.
The jury must determine whether the alleged victim is a peace officer. (People v.
Brown (1988) 46 Cal.3d 432, 444–445 [250 Cal.Rptr. 604, 758 P.2d 1135].) The
court may instruct the jury on the appropriate deﬁnition of “peace officer” from the
statute (e.g., “a Garden Grove Regular Police Officer and a Garden Grove Reserve
Police Officer are peace officers”). (Ibid.) However, the court may not instruct the
jury that the alleged victim was a peace officer as a matter of law (e.g., “Officer
Reed was a peace officer”). (Ibid.) If the alleged victim is a police officer, give the
bracketed sentence that begins with “A person employed as a police officer.” If the
alleged victim is another type of peace officer, give the bracketed sentence that
begins with “A person employed by.”
The court may give the bracketed sentence that begins with “The duties of a
<insert title . . . > include” on request. The court may insert a
description of the alleged victim’s duties such as “the correct service of a facially
valid search warrant.” (People v. Gonzalez (1990) 51 Cal.3d 1179, 1222 [275
Cal.Rptr. 729, 800 P.2d 1159].)
If the facts indicate passive resistance to arrest, give the bracketed sentence that
begins with “If a person goes limp.” (In re Bacon (1966) 240 Cal.App.2d 34, 53
[49 Cal.Rptr. 322].)
• Elements. Pen. Code, § 148(a); see In re Muhammed C. (2002) 95
Cal.App.4th 1325, 1329 [116 Cal.Rptr.2d 21].
• General-Intent Crime. In re Muhammed C. (2002) 95 Cal.App.4th 1325, 1329
[116 Cal.Rptr.2d 21].
• Knowledge Required. People v. Lopez (1986) 188 Cal.App.3d 592, 599–600
[233 Cal.Rptr. 207].
• Multiple Violations Permissible If Multiple Officers. Pen. Code, § 148(e).
CRIMES AGAINST GOVERNMENT CALCRIM No. 2656