Punished. A person commits a misdemeanor if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act, except that this Section does not apply to flight by a person charged with crime, refusal to submit to arrest, failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions. SOURCE: G.P.C. §§ 65, 69, 102, 148, 385; See also § 428; *M.P.C. § 242.1; Cal. §§ 1162, 1186, 1408 (1971); Mass. ch. 268, § 9; N.J. § 2C:29-1. CROSS-REFERENCES: § 55.35 - Refusal to submit to arrest; Chapter 58 -Escape; Chapter 25 - Code of Cr. Proc. COMMENT: § 55.45 replaces a number of diverse sections of the former Penal Code and is intended to prohibit a broad range of behavior designed to impede or defeat the lawful operation of Government. This Section supplements provisions of this Code which deal with particular means of interference such as bribery, intimidation and perjury. Although broad, the Section does not proscribe political agitation or other exercise of civil liberty; it is confined to physical interference or acts which are unlawful independently of the purpose to obstruct the Government. This Section, and this Chapter, clarify the situation as it existed in the former Penal Code whereby it was possible to charge a person under one of a number of sections for the same general offense of Aresisting arrest.@ Such a confusion will not exist in this Code. The exception in this Section for various forms of non-submission to authority is designed to prevent an overly broad application of the term
Aunlawful act.@ Failure to file tax return may be unlawful, but is punished by specific sections in the appropriate codes. Further, if the arrested person is innocent or cannot be proved guilty of the offense for which he was arrested, it would be unjust and conducive to grave abuse to permit prosecution for an unsuccessful effort to evade the police. Guam Penal Code § 150, refusing to aid peace officers or firemen, has not been included in this Code as the Commission believed that, while aiding police officers and firemen is to be encouraged, the mere refusal by an innocent citizen to aid such officer should not be made a criminal offense.