Timely Issue: A Review of “Threat Offenses” Against Public Officers, Employees and Elected Officials

From the Classroom  
By Raymond Hill  
Professor Emeritus, Santa Rosa Junior College 

We’ve probably all seen news coverage of threats against public officials in the past few years. California law provides guidance about these cases in terms of what is considered a threat and which public officials are protected by these code sections. 

As an introduction, let’s review a recent case decision (Peo. v. Hupp, 4DCA, #E079389, 10/25/23). The defendant communicated multiple threats by phone and letter to four Riverside County judges. One communication stated that if the judge didn’t expedite court procedures, he (the defendant) would show up on a judge’s home doorstep. He called the judges derogatory names and told one judge “it would be the mistake of (the judges) motherfucking life because there will not be a rock on the face of the earth that this little bitch will be able to hide under.” He was convicted of four counts of violating 69 P.C., threats against executive officers. 

In a case of “first impression,” meaning no precedent, the 4DCA ruled that “executive officer” unambiguously refers to an officer in the executive branch, not the judicial branch.” Thus, the defendant’s convictions must be reversed.  

Circumstances may arise where a threat is made against you as a peace officer, the mayor, a building code inspector, a high school vice principal or a judge working or living in your community. The Hupp decision presents a good opportunity to review the California laws regarding threats directed against peace officers and other public and elected officials. 

Threat Against Executive Officers (69 P.C. – Felony/Wobbler) 

This code covers a person who attempts by means of threat or violence to deter or prevent any executive officer from performing that officer’s duties, or knowingly resists any executive officer by the use of force or violence in the performance of that officer’s duties. This section includes a threat of future harm, and no actual injury need occur. 

This statute covers peace officers, district attorneys, city attorneys, and others who are charged with the responsibility of enforcing the law. The offense is a ....

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