California Penal Code Section 169 PC: Picketing Near Court To Obstruct Justice

California Penal Code Section 169 PC: Picketing Near Court To Obstruct Justice

Picketing or parading near a courthouse in California with the intent to interfere with court proceedings is illegal under California Penal Code Section 169 PC. This law makes it a misdemeanor to engage in this kind of activity. Let’s take a closer look at what this law says, penalties for violating it, and legal defenses that could potentially apply.

What Does California Penal Code Section 169 PC Prohibit?

California Penal Code Section 169 PC states that “Any person who pickets or parades in or near a building which houses a court of this state with the intent to interfere with, obstruct, or impede the administration of justice or with the intent to influence any judge, juror, witness, or officer of the court in the discharge of his or her duty is guilty of a misdemeanor.”

In plain English, this law prohibits picketing or parading near a California courthouse if the intent is to:

• Obstruct or interfere with court operations
• Influence a judge, juror, witness, or court officer in carrying out their duties

Some examples of illegal activity under this law include:

• Picketing near a courthouse during an active trial to try and sway the jury’s opinion
• Protesting outside a courthouse to pressure a judge to rule a certain way
• Parading near a courthouse to intimidate witnesses from testifying

This law applies to any building that contains a California state court, including superior courts, appellate courts, and the California Supreme Court. It does not apply to federal courthouses.

What Are the Penalties for Violating Penal Code 169 PC?

A violation of California Penal Code Section 169 is a misdemeanor offense. Potential penalties include:

• Up to 6 months in county jail
• A fine of up to $1,000
• Informal probation

In some cases, a judge may allow a fine to be paid instead of jail time. But the judge also has discretion to impose the maximum 6 month jail sentence.

Are There Legal Defenses to Penal Code 169 Charges?

There are several legal defenses that a skilled criminal defense lawyer could potentially use to fight Penal Code 169 charges. Some examples include:

Lack of Criminal Intent

One defense is to argue that the defendant did not have the specific intent to obstruct justice or influence court participants. Perhaps the defendant was simply exercising free speech rights or was unaware that a trial was taking place. Without proof of criminal intent, an essential element of the crime is missing.

First Amendment Rights

The First Amendment protects freedom of speech and assembly. Peacefully picketing as an exercise of free speech is generally protected. However, these rights are not absolute – the state can regulate time, place and manner restrictions if there is a significant government interest (such as protecting court operations). A lawyer could argue that the defendant’s activities were protected speech.

Unlawful Arrest

If there are problems with the arrest, such as lack of probable cause, any evidence obtained could potentially be suppressed. This may result in the case being dismissed.

Recent Cases Involving Penal Code Section 169

Here are some recent real-world examples of charges under this statute:

• Abortion rights activists charged for protesting outside homes of Supreme Court justices – Protesters were charged under PC 169 for picketing near the homes of SCOTUS justices to try and influence their decision in an upcoming abortion case.
• Man charged with trying to bribe judge – Defendant offered judge $5,000 cash to get his case dismissed and was charged under PC 169.
• Protests outside courthouse during Ahmaud Arbery murder trial – Protesters marched near courthouse during trial of Arbery’s accused killers, leading to charges under Section 169.

How Can an Attorney Help Defend Against Penal Code 169 Charges?

Facing criminal charges for picketing or parading near a courthouse can have severe consequences. An experienced criminal defense lawyer can help by:

• Examining the evidence and police reports to pinpoint any constitutional or procedural violations
• Negotiating with the prosecutor to get charges reduced or dismissed
• Presenting affirmative defenses such as free speech rights
• Appearing in court on your behalf so you don’t have to miss work or school
• Guiding you through the complexities of the criminal justice system

Having skilled legal representation can greatly improve the chances of an optimal outcome in your case. Don’t leave your fate to chance – consult with an attorney as soon as possible.

The Bottom Line on Penal Code Section 169

Picketing or demonstrating near a California courthouse with the goal of interfering with proceedings or swaying participants is a misdemeanor crime under Penal Code Section 169. Potential penalties include up to 6 months in jail and a $1,000 fine. But with an experienced criminal defense lawyer, many options exist for achieving the best resolution in your case. Don’t hesitate to invoke your right to counsel if you are facing charges under this law.

References

[1] https://www.losangelescriminallawyer.pro/california-penal-code-section-169-pc-picketing-near-court-to-obs.html

[2] https://www.simmrinlawgroup.com/california-penal-code-section-169/

[3] https://www.shouselaw.com/ca/defense/penal-code/169/

[4] https://www.egattorneys.com/picket-outside-courthouse-penal-code-169

[5] https://esfandilawfirm.com/crimes/pc-169-picketing-near-court-to-obstruct-justice/

[6] https://law.justia.com/codes/california/2022/code-pen/part-1/title-7/chapter-7/section-169/