Approaching First Responder After Warning

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

1. Element 1

   AND — Required

   The State must prove all of the following

   A first responder whom the defendant knew or reasonably should have known was a first responder was engaged in the lawful performance of a legal duty and gave the defendant a verbal warning not to approach.

   Plain language: The defendant knew or should have known the person was a first responder doing a lawful duty and received a verbal no-approach warning.

2. Element 2

   AND — Required

   The State must prove all of the following

   After receiving the warning, the defendant knowingly and willfully violated it by approaching or remaining within 25 feet of the first responder.

   Plain language: After the warning, the defendant intentionally came within or remained within 25 feet.

3. Element 3

   OR — Alternative

   Prohibited intent — one applicable alternative

   The defendant intended to impede or interfere with the first responder's ability to perform the duty, threaten the first responder with physical harm, or harass the first responder.

   Plain language: The defendant acted with at least one prohibited intent.