Penal Code §148(a)(1)
California Penal Code 148(a)(1): resisting, delaying, or obstructing
PC 148(a)(1) addresses willfully resisting, delaying, or obstructing specified officers or an EMT performing duties. Section 148 also protects recording by itself.
What subdivision (a)(1) says
Section 148(a)(1) addresses willfully resisting, delaying, or obstructing a public officer, peace officer, or emergency medical technician in the discharge or attempted discharge of a duty, when no other punishment is prescribed.
The wording is broader than the everyday phrase “resisting arrest.” At the same time, describing an encounter as difficult does not replace analysis of the conduct, the duty involved, and the governing legal requirements.
The exact subdivision matters
Section 148 contains additional provisions involving public-safety radio communications and weapons or firearms. A charge under (a)(1) should not be confused with those other provisions.
The full citation on the charging document helps identify the allegation. Evidence review can then focus on the claimed resistance, delay, or obstruction, what the officer was doing, and the relevant sequence of events.
Recording an officer is not by itself a violation
Subdivision (g) expressly addresses taking photographs or making audio or video recordings of an officer in a public place, or from a place the person has a right to be. It says that recording does not, in and of itself, violate subdivision (a), or establish reasonable suspicion to detain or probable cause to arrest.
That protection should not be rewritten as a blanket answer to every encounter. The actual conduct beyond recording, if any, and the complete circumstances still matter. A recording may itself help show the sequence rather than relying only on conflicting summaries.
Consequences and individual review
Subdivision (a)(1) states a fine up to $1,000, county jail up to one year, or both. That language is not a prediction of an individual sentence or a full calculation of all financial consequences.
Questions about the lawfulness of the duty, the particular conduct, and applicable defenses require the underlying facts and governing instructions. This reference cannot decide those questions from a charge label.
Common questions
Is PC 148(a)(1) limited to a physical struggle during arrest?
The text includes resisting, delaying, or obstructing performance or attempted performance of duties. The precise facts and legal requirements still must be examined.
Is filming an officer enough by itself?
Section 148(g) says that qualifying photography or recording does not in and of itself violate subdivision (a), or create reasonable suspicion to detain or probable cause to arrest.
Sources
- California Penal Code section 148(a)(1) leginfo.legislature.ca.gov Source checked on 2026-10-27