Sightseeing or Unauthorized Entry into an Emergency Area

When emergency personnel are called to handle a fire, hostage situation, car crash, or any other situation that threatens the public’s safety, they must be able to do their jobs without interference. It is for this very reason that California has instituted multiple laws to help protect first responders while they handle dangerous situations. These […]

The post Sightseeing or Unauthorized Entry into an Emergency Area appeared first on Vista DUI Lawyer and Criminal Attorney Peter M. Liss.

When emergency personnel are called to handle a fire, hostage situation, car crash, or any other situation that threatens the public’s safety, they must be able to do their jobs without interference. It is for this very reason that California has instituted multiple laws to help protect first responders while they handle dangerous situations. These laws include California Penal Codes:

• 148.2 (PC): Interfering with the Discharge of Duty of a Fireman
• 402a) (PC): Sightseeing at the Scene of an Emergency
• 409.5 (PC): Unauthorized Entry into a Closed Emergency Area

These offenses are all misdemeanors punishable by no more than six months in jail and a fine of up to $1,000, or probation, which will likely include some time spent doing community service. A criminal defense attorney like Peter M. Liss can help you if you have been accused of any of these crimes.

Penal Code 148.2 (PC): Interfering With Firefighters

This law prohibits willfully stopping firefighters or other emergency rescue personnel from being able to perform their duties. Prohibited acts include:

• ignoring the lawful orders of a firefighter or emergency rescue personnel
• interfering with the work of a firefighter or public officer
• engaging in disorderly conduct that delays or prevents workers from extinguishing a fire
• preventing others from aiding in extinguishing a fire
• flying a drone in an area where emergency aircraft may be used to put out a fire

Defenses to Interfering with the Duty of a Fireman

The most important aspect of this charge is that the individual acted willfully —so if someone exited a burning building in a delirium and got in the way of fire crews, they would not be committing a crime. If your attorney can show that you were not acting intentionally, you will be found innocent of the crime.

Penal Code 402(a) (PC): Sightseeing at the Scene of an Emergency

Even if you do not actively try to stop firefighters or other emergency personnel from doing their jobs, just loitering can be a crime if it interferes with their work. If you go to the scene of an emergency or stop while passing by one to watch police, firefighters, EMTs, or other emergency workers and then impede their ability to perform their duties, you will violate this law. A common sample is people who crowd around the scene of a car accident, making it harder for police and rescue workers to treat the victims or clear the scene.

Defenses to Sightseeing at an Emergency Scene

Like interfering with emergency workers, sightseeing charges can be fought by arguing that you did not intend to interupt the work being done at the scene. For example, if you were driving past a vehicle accident, you are not guilty of this crime if you slowed down or even stopped to avoid putting the workers in danger.

Similarly, you can also fight these charges by showing that you were doing your job. For example, a news reporter can attempt to stop rescue workers or police officers to ask about the emergency.

Penal Code 409.5 (PC): Unauthorized Entry into a Closed Emergency Area

This offense makes it a crime to illegally enter an emergency area that has been secured by law enforcement officers and remain in the location after being asked to leave. Emergency areas are dangerous locations that have been closed off after a disaster, fire, earthquake, accident, or storm. Examples of violating 409.5 (PC) include:

• attempting to use backtrails to access an area evacuated after a wildfire
• walking under the yellow tape used to close off an area where there was a shooting
• accessing a road that has been secured for emergency workers only after an earthquake
• driving through cones officers set on the side of the road to help clear away a car accident

Defenses to Unauthorized Entry into a Secured Emergency Area

Again, intent plays a critical role in these charges. If someone entered the scene of an emercency that was not clearly blocked, they would not be guilty, which is part of the reason that you cannot be arrested for this offense until an officer has asked you to leave the area and you refused. Even when that happens, though, emergency situations are often filled with desperate people who are not acting rationally. If, for example, a mother tried to run into a burning building where her child was sleeping, she would be unlikely to face charges even if she was repeatedly instructed to stay behind the yellow police tape.

Like sightseeing charges, this law provides an exception for members of the press, who have a First Amendment right to access and report on emergency areas. Interestingly, there is also an exception for livestock producers who possess a Livestock Pass document allowing them to access their livestock even during natural disasters. Even so, these individuals can be denied access to the area if officials believe their presence would interfere with the work of emergency personnel.

Related Offenses

As you can imagine, these offenses are often charged in tandem, as it is common for individuals to violate two or three of these codes at the same time. Those accused of these crimes are also frequently accused of looting, insurance fraud, resisting arrest, arson, trespassing, assault on a peace officer, and more.

If you are accused of 148.2, 409.5, or 402a (PC) or any related offenses, please call a skilled criminal defense attorney like Peter M. Liss as soon as possible. You can schedule a free initial consultation by calling (760) 643-4050 or (858) 486-3024.

The post Sightseeing or Unauthorized Entry into an Emergency Area appeared first on Vista DUI Lawyer and Criminal Attorney Peter M. Liss.