2680. Courthouse Picketing
The defendant is charged [in Count ______] with (picketing/ [or] parading) near a courthouse.
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant (picketed/ [or] paraded) in or near a state court building;
2. When the defendant acted, (he/she) did so with the intent (to interfere with, obstruct, or impede the administration of justice/ [or] to influence (a/an) (judge[,]/ [or] juror[,]/ [or] witness[,]/ [or] officer of the court) in the discharge of his or her duty).
The court has a sua sponte duty to give this instruction defining the elements of the crime.
Elements. Pen. Code, § 169.
Similar Statute Constitutional. Cox v. Louisiana (1964) 379 U.S. 559, 564 [85 S.Ct. 476, 13 L.Ed.2d 487] [upholding Louisiana statute nearly identical to Pen. Code, § 169].
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Governmental Authority, § 31.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes Against Order, § 144.21 (Matthew Bender).
(New January 2006)