(a) The following are prohibited:
(1) Interference. Threatening, resisting, intimidating, or intentionally interfering with a government employee or agent engaged in an official duty, or on account of the performance of an official duty.
(2) Lawful order. Violating the lawful order of a government employee or agent authorized to maintain order and control public access and movement during fire fighting operations, search and rescue operations, wildlife management operations involving animals that pose a threat to public safety, law enforcement actions, and emergency operations that involve a threat to public safety or park resources, or other activities where the control of public movement and activities is necessary to maintain order and public safety.
(3) False information. Knowingly giving a false or fictitious report or other false information: (i) To an authorized person investigating an accident or violation of law or regulation or; (ii) on an application for a permit.
(4) False Report. Knowingly giving a false report for the purpose of misleading a government employee or agent in the conduct of official duties, or making a false report that causes a response by the United States to a fictitious event.
(b) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.
[48 FR 30282, June 30, 1983, as amended at 52 FR 35240, Sept. 18, 1987]
Notes of Decisions
United States v. Nolan L. Poocha, 259 F.3d 1077 (9th Cir. 2001).
· cites it 7× “34 (a)(2), and failure to obey a lawful order, in violation of 36 C.F.R. § 2.32 (a)(2). We reverse the first conviction, but affirm the second.”
United States v. Marcavage, 609 F.3d 264 (3rd Cir. 2010).
· cites it 4× “Several months later, Marcavage was mailed a second citation for interfering with agency function in violation of 36 C.F.R. § 2.32 . Both citations are misdemeanors.”
United States v. Bibbins, 637 F.3d 1087 (9th Cir. 2011).
· cites it 10× “OPINION PAEZ, Circuit Judge: After a court trial in front of a magistrate judge, Kevin Bibbins was convicted of two misdemeanors: (1) resisting a government employee or agent, in violation of 36 C.F.R. § 2.32 (a)(1); and (2) obstructing a license plate, in violation of 36 C.”
United States v. Gabriel Bucher, 375 F.3d 929 (9th Cir. 2004).
· cites it 6× “He vigorously contends that he did nothing to “interfere” with the rangers in the exercise of their duties, and that he was wrongly charged with violating 36 C.F.R. § 2.32 (a)(l)(2000). His confusion is understandable, but also misplaced.”
United States v. Goldin, 311 F.3d 191 (3rd Cir. 2002).
· cites it 11× “Protesters were arrested for refusing to obey the lawful order of a Park Ranger in violation of 36 C.F.R. § 2.32 (a)(2). Protesters were found guilty in a proceeding before a United States Magistrate Judge.”
United States v. Bohn, 622 F.3d 1129 (9th Cir. 2010).
· cites it 8× “2 (b), and for refusing to obey a lawful order, in violation of 36 C.F.R. § 2.32 (a)(2). At trial, Defendant subpoenaed the Chelan County sheriff to testify as a defense witness.”
Oberwetter v. Hilliard, 680 F. Supp. 2d 152 (D.D.C. 2010).
· cites it 4× “After Oberwetter’s arrest, a Park Police officer advised her that she would be charged with “disturbing the peace,” and issued her a citation for “Interfering with an Agency Function” in violation of 36 C.F.R. § 2.32 (a)(l)-(2). Compl. ¶ 22.”
San Francisco Herring Ass'n v. Usdoi, 946 F.3d 564 (9th Cir. 2019).
“See 36 C.F.R. § 2.32 (Park Service regulations concerning failure to follow “the lawful order of a government employee or agent” and “resisting” “a government employee or agent engaged in an official duty”); see also Sackett, 566 U.”
United States v. Choi, 818 F. Supp. 2d 79 (D.D.C. 2011).
“BACKGROUND This Petition arises out of the bench trial of respondent Daniel Choi by Magistrate Judge Facciola for failure to obey a lawful order under 36 C.F.R. § 2.32 (a)(2), a Class B misdemeanor.”
United States v. Duane A. Willfong, 274 F.3d 1297 (9th Cir. 2001).
· cites it 2× “National Park Service: 36 C.F.R. § 2.32 , is titled “Interfering with agency functions.”
United States v. Charles Kissinger, 309 F.3d 179 (3rd Cir. 2002).
“Kissinger was convicted under 36 C.F.R. § 2.32 (a)(2) for violating a lawful government order “where the control of public movement and activities [was] necessary to maintain order and public safety.”
Oberwetter v. Hilliard, 639 F.3d 545 (D.C. Cir. 2011).
“The Park Police took her into custody for some five hours of processing, after which they cited her for “[interfering with an agency function” in violation of 36 C.F.R. § 2.32 (prohibiting “[threatening, resisting, intimidating, or intentionally interfering with a government…”
— 36 C.F.R. § 2.32(a)(1) — 3 cases
— 36 C.F.R. § 2.32(a)(2) — 1 case
United States v. Nolan L. Poocha, 259 F.3d 1077 (9th Cir. 2001).
“34 (a)(2), and failure to obey a lawful order, in violation of 36 C.F.R. § 2.32 (a)(2). We reverse the first conviction, but affirm the second.”
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