CALCRIM No. 2653

Public Officer (Pen. Code, § 148(b) & (c))

The defendant is charged [in Count] with taking a (firearm/

weapon) from a (peace/public) officer while (resisting[,]/obstructing[,]/

[or] delaying) the officer in performing or attempting to perform (his/

her) duties [in violation of Penal Code section 148].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. <insert offıcer’s name, excluding title> was a (peace/

public) officer lawfully performing or attempting to perform (his/

her) duties as a (peace/public) officer;

2. The defendant willfully (resisted[,]/obstructed[,]/ [or] delayed)

<insert offıcer’s name, excluding title> in the

performance of or attempt to perform those duties;

3. When the defendant acted, (he/she) knew, or reasonably should

have known, that <insert offıcer’s name, excluding

title> was a (peace/public) officer performing or attempting to

perform (his/her) duties;

[AND]

4. While the defendant (resisted[,]/obstructed[,]/ [or] delayed)

<insert offıcer’s name, excluding title>, the defendant

took or removed a (firearm/weapon) from ’s <insert

offıcer’s name, excluding title> person [or immediate presence](;/.)

<Give element 5 when instructing on self-defense or defense of another .>

[AND

5. The defendant did not act (in self-defense/ [or] in defense of

someone else).]

Someone commits an act willfully when he or she does it willingly or on

purpose. It is not required that he or she intend to break the law, hurt

someone else, or gain any advantage.

[A firearm is any device designed to be used as a weapon, from which a

projectile is discharged or expelled through a barrel by the force of an

explosion or other form of combustion.]

[The term firearm is defined in another instruction to which you should

refer.]

[A person who is employed as a police officer by <insert

name of agency that employs police offıcer> is a peace officer.]

[A person employed by <insert name of agency that employs

peace offıcer , e.g., “the Department of Fish and Wildlife”> is a peace officer

if <insert description of facts necessary to make employee a

peace offıcer , e.g., “designated by the director of the agency as a peace

offıcer”> .]

[An officer or employee of <insert name of state or local

government agency that employs public offıcer> is a public officer.]

[The duties of (a/an) <insert title of peace or public offıcer>

include <insert job duties>.]

[Taking a photograph or making an audio or video recording of a (peace

officer/ [or] public officer) while the officer is in a public place or the

person taking the photograph or making the recording is in a place

where he or she has the right to be is not, by itself, a crime.]

<When lawful performance is an issue, give the following paragraph and

Instruction 2670, Lawful Performance: Peace Offıcer .>

[A peace officer is not lawfully performing his or her duties if he or she

is (unlawfully arresting or detaining someone/ [or] using unreasonable or

excessive force in his or her duties). Instruction 2670 explains (when an

arrest or detention is unlawful/ [and] when force is unreasonable or

excessive).]

New January 2006; Revised February 2012, August 2016