Penal Code 69 is the more serious cousin of resisting arrest (PC 148): using threats or violence to deter an executive officer from a duty, or knowingly resisting an officer by force or violence.
Unlike PC 148, it is a wobbler that can be charged as a felony.
What PC 69 Says
PC 69 covers two things: (1) attempting, by threat or violence, to deter or prevent an executive officer from performing a duty; and (2) knowingly resisting, by force or violence, an officer in the performance of a duty. The statute expressly notes that photographing or recording an officer in a public place is not a violation.
PC 69 vs. PC 148
The difference is force or the threat of force. PC 148 is a misdemeanor for resisting, delaying, or obstructing — no violence required. PC 69 requires threats or actual force or violence, which is why it can be charged as a felony. A common defense goal is to show the conduct was passive resistance at most, keeping it out of PC 69 territory.
Penalties and Defenses
PC 69 is a wobbler: up to one year in county jail as a misdemeanor, or a felony sentence (16 months, 2, or 3 years under Penal Code § 1170(h)) and a fine up to $10,000 as a felony. Core defenses: the officer was not lawfully performing a duty (an unlawful arrest or excessive force); there was no threat or use of force; the conduct was not willful; and self-defense against excessive force. Reduction under PC 17(b) and judicial diversion (PC 1001.95) can keep an eligible case a misdemeanor and off a record as a felony.
Frequently Asked Questions
What is the difference between PC 69 and PC 148?
PC 148 is a misdemeanor for resisting, delaying, or obstructing an officer, with no violence required. PC 69 requires threats or actual force or violence to deter or resist an executive officer, and it is a wobbler that can be charged as a felony.
Is PC 69 a felony or a misdemeanor?
It is a wobbler. As a misdemeanor it carries up to one year in county jail; as a felony it carries a felony sentence (16 months, 2, or 3 years under Penal Code § 1170(h)) and a fine of up to $10,000.
Is it illegal to record a police officer under PC 69?
No. PC 69 expressly provides that taking a photograph or making an audio or video recording of an executive officer while the officer is in a public place is not, by itself, a violation of the section.
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PC 69 is a wobbler, so keeping it a misdemeanor — or beating it — is the whole game. Tell me what happened and I'll tell you where it's soft.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com