Is Obstruction a Secondary Crime?
Obstruction is a crime that can be committed in various ways, from intentionally interfering with a legal process to resisting arrest. The question that often arises is whether obstruction is a primary or secondary crime. In this article, we will explore the definition of obstruction, its types, and whether it is considered a primary or secondary crime.
What is Obstruction?
Obstruction is an act of intentionally impeding or interfering with the performance of a public officer, such as a law enforcement officer, judge, or other government official, in the execution of their duties. It can also be an act of resistance to a lawful arrest or attempt to flee from custody.
Types of Obstruction
There are several types of obstruction, including:
- Physical Obstruction: Intentionally blocking or hindering an officer’s ability to perform their duties.
- Verbal Obstruction: Intentionally interfering with an officer’s ability to communicate or carry out their duties through verbal means.
- Psychological Obstruction: Intentionally creating a disturbance or attempting to intimidate an officer, which can interfere with their ability to perform their duties.
- Resisting Arrest: Physically resisting or attempting to flee from lawful arrest.
Is Obstruction a Primary or Secondary Crime?
So, is obstruction a primary or secondary crime? It is generally considered a secondary crime. This means that obstruction is typically committed in conjunction with another primary crime, such as theft, assault, or possession of drugs.
Here is a breakdown of why obstruction is considered a secondary crime:
- **Accompanying offense: Obstruction is often committed in conjunction with another offense, such as a theft or assault. In these cases, the obstruction is considered a secondary offense that is committed in support of the primary offense.
- **Intent to aid or abet: The perpetrator’s intent is to aid or abet the primary offense, rather than to commit the obstruction as a standalone crime.
- **Less serious offense: Obstruction is generally considered a less serious offense than the primary crime that it accompanies.
Here is a table summarizing the differences between primary and secondary crimes:
| Characteristic | Primary Crime | Secondary Crime |
|---|---|---|
| Intent | Primary intent is to commit the crime | Primary intent is to aid or abet the primary crime |
| Conduct | Conduct is the focal point of the crime | Conduct is secondary to the primary crime |
| Gravity | More serious and severe | Less serious and less severe |
| Punishment | More severe punishment | Less severe punishment |
Example of Obstruction as a Secondary Crime
Suppose a person is committing a theft and is caught by a security guard. In an attempt to flee the scene, the perpetrator knocks over a display rack and creates a disturbance. The security guard is trying to apprehend the perpetrator, but the perpetrator’s actions are intentionally interfering with the guard’s ability to perform their duties. In this case, the theft is the primary crime, and the obstruction is a secondary crime that is committed in support of the theft.
Conclusion
In conclusion, obstruction is a crime that can be committed in various ways, but it is generally considered a secondary crime. This means that it is typically committed in conjunction with another primary crime, such as theft, assault, or possession of drugs. The perpetrator’s intent is to aid or abet the primary crime, rather than to commit the obstruction as a standalone crime. Understanding the differences between primary and secondary crimes can help law enforcement and legal professionals better prosecute and sentence offenders.
