Chapter 9.08
OBSTRUCTING GOVERNMENTAL OPERATIONS
Sections:
9.08.010 Criminal impersonation.
9.08.020 Tampering with physical evidence.
9.08.030 Obstructing law enforcement personnel.
9.08.040 Refusing to summon aid for a Peace Officer.
9.08.010 Criminal impersonation.
A. A person is guilty of criminal impersonation if he:
1. Assumes a false identity and does an act in his assumed character with intent to defraud another or for any other unlawful purpose; or
2. Pretends to be a representative of some person or organization or a public servant and does an act in his pretended capacity with intent to defraud another or for any other unlawful purpose.
B. Criminal impersonation is a gross misdemeanor. (Ord. 157 § 8.7, 1976)
9.08.020 Tampering with physical evidence.
A. A person is guilty of tampering with physical evidence if, having reason to believe that an official proceeding is pending or about to be instituted and acting without a legal right or authority, he:
1. Destroys, mutilates, conceals, removes or alters physical evidence with intent to impair its appearance, character or availability in such pending or prospective official proceedings; or
2. Knowingly presents or offers any false physical evidence.
B. “Physical evidence,” as used in this section, includes any article, object, document, record or other thing of physical substance.
C. “Official proceeding,” as used in this section, means a proceeding heard before any legislature, judicial, administrative or other government agency or official authorized to hear evidence under oath, including any referee, Hearing Examiner, commissioner, notary or other person taking testimony or depositions.
D. Tampering with physical evidence is a gross misdemeanor. (Ord. 157 § 8.9, 1976)
9.08.030 Obstructing law enforcement personnel.
A. Every person who knowingly hinders, delays, or obstructs any law enforcement personnel in the discharge of official powers or duties is guilty of a misdemeanor.
B. Every person who voluntarily and knowingly supplies false information to law enforcement personnel who are investigating the commission of a crime or a criminal complaint or serving court papers is guilty of a gross misdemeanor.
C. Every person who knowingly makes, by an oral or written statement to law enforcement personnel, a false accusation of criminal conduct or criminal activities of another that results in some action being taken by the law enforcement personnel, is guilty of a gross misdemeanor, and may be adjudged liable to the agency for the costs of the action. (Ord. C-087 § 1, 1985; Ord. C-057 § 1, 1983; Ord. 157 § 8.3, 1976)
9.08.040 Refusing to summon aid for a Peace Officer.
A. A person is guilty of refusing to summon aid for a Peace Officer if, upon request by a person he knows to be a Peace Officer, he unreasonably refuses or fails to summon aid for such Peace Officer.
B. Refusing to summon aid for a Peace Officer is a misdemeanor. (Ord. 157 § 8.4, 1976)
9.08.050 Resisting arrest.
A. A person is guilty of resisting arrest if he intentionally prevents or attempts to prevent a Peace Officer from lawfully arresting him.
B. Resisting arrest is a misdemeanor. (Ord. 157 § 8.2, 1976)
9.08.060 Compounding.
A. A person is guilty of compounding if:
1. He requests, accepts, or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that he will refrain from initiating a prosecution for a crime; or
2. He confers, or offers or agrees to confer, any pecuniary benefit upon another pursuant to an agreement or understanding that such other person will refrain from initiating a prosecution for a crime.
B. In any prosecution under this section, it is a defense if established by a preponderance of the evidence that the pecuniary benefit did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.
C. Compounding is a gross misdemeanor. (Ord. 157 § 8.5, 1976)
9.08.070 Escape.
A. A person is guilty of escape if he escapes from custody.
B. Escape is a gross misdemeanor. (Ord. 157 § 8.8, 1976)
9.08.080 Official misconduct.
A. For purposes of this section, “public servant” means any person, other than a witness, who presently occupies the position of or has been elected, appointed or designated to become any officer or employee of government, including a member of the City Council, judge, judicial officer, and any person participating as an advisor, consultant or otherwise in performing a governmental function.
B. A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege:
1. He intentionally commits an unauthorized act under color of law; or
2. He intentionally refrains from performing a duty imposed upon him by law.
C. Official misconduct is a gross misdemeanor. (Ord. 157 § 8.6, 1976)
9.08.090 False reporting.
A. A person is guilty of false reporting if, with knowledge that the information reported, conveyed or circulated is false, he initiates or circulates a false report or warning of an alleged occurrence or impending occurrence of a fire, explosion, crime, catastrophe or emergency, knowing that such false report is likely to cause evacuation of a building, place of assembly, or transportation facility, or to cause public inconvenience or alarm.
B. False reporting is a gross misdemeanor. (Ord. 157 § 8.1, 1976)