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Questions and Answers
What is a necessary element for an assembly to be deemed unlawful?
What is a necessary element for an assembly to be deemed unlawful?
- A permit must be obtained
- The intent of the assembly must be to commit an unlawful act (correct)
- An overt unlawful act must occur
- The assembly must cause physical harm
A violent act is required to substantiate an unlawful assembly.
A violent act is required to substantiate an unlawful assembly.
False (B)
What type of crime is unlawful assembly classified as?
What type of crime is unlawful assembly classified as?
- Misdemeanor (correct)
- Civil offense
- Felony
- Infraction
What crime is defined under Penal Code Section 416(a)?
What crime is defined under Penal Code Section 416(a)?
Refusal to disperse is considered a felony under Penal Code Section 416(a).
Refusal to disperse is considered a felony under Penal Code Section 416(a).
An assembly can be ordered to disperse if it is disturbing the ________ or committing an unlawful act.
An assembly can be ordered to disperse if it is disturbing the ________ or committing an unlawful act.
What type of evidence may be used to prove the intent of an assembly?
What type of evidence may be used to prove the intent of an assembly?
What must peace officers establish to make an arrest for crimes related to public disturbance?
What must peace officers establish to make an arrest for crimes related to public disturbance?
An assembly becomes unlawful when it ______ the public peace.
An assembly becomes unlawful when it ______ the public peace.
Match the following terms with their definitions:
Match the following terms with their definitions:
Match the following terms with their definitions:
Match the following terms with their definitions:
Participants can be arrested for refusing to disperse even if no unlawful act was committed.
Participants can be arrested for refusing to disperse even if no unlawful act was committed.
Which option best describes an event that could lead to unlawful assembly?
Which option best describes an event that could lead to unlawful assembly?
What must happen for a public officer to charge individuals with refusal to disperse?
What must happen for a public officer to charge individuals with refusal to disperse?
Members of an assembly can be arrested for unlawful assembly regardless of their actions.
Members of an assembly can be arrested for unlawful assembly regardless of their actions.
What happens when police order members of a disruptive assembly to disperse?
What happens when police order members of a disruptive assembly to disperse?
What is the consequence for refusing or failing to disperse when commanded to do so?
What is the consequence for refusing or failing to disperse when commanded to do so?
Remaining present at an unlawful assembly after being warned can result in a misdemeanor charge.
Remaining present at an unlawful assembly after being warned can result in a misdemeanor charge.
What must occur for someone to be arrested at a riot or unlawful assembly?
What must occur for someone to be arrested at a riot or unlawful assembly?
Anyone who remains present at a riot, rout, or unlawful assembly after being warned to disperse is guilty of a __________.
Anyone who remains present at a riot, rout, or unlawful assembly after being warned to disperse is guilty of a __________.
Match the examples with the appropriate descriptions:
Match the examples with the appropriate descriptions:
Which of the following is NOT a characteristic of public assembly laws?
Which of the following is NOT a characteristic of public assembly laws?
Public officers and persons assisting them are exempt from misdemeanor charges for remaining at a riot.
Public officers and persons assisting them are exempt from misdemeanor charges for remaining at a riot.
In the example given, what was the primary purpose of the garment maker's union's assembly?
In the example given, what was the primary purpose of the garment maker's union's assembly?
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Study Notes
Unlawful Assembly
- An assembly becomes unlawful when it disturbs the public peace, as defined under Penal Code Section 407.
- Unlawful assembly is classified as a misdemeanor.
- No overt unlawful act is required to classify an assembly as unlawful; intent can be indicated by circumstantial evidence.
Refusal to Disperse
- Covered under Penal Code Section 416(a); it is a misdemeanor to refuse to disperse when ordered by a public official.
- Definition of a violent manner includes acts that provoke criminal violence.
- Boisterous or tumultuous manners are characterized by noise that disrupts public peace.
Legal Elements for Refusal to Disperse
- Criteria for arresting individuals who refuse to disperse include:
- Two or more persons assembled with the intent to disturb the peace.
- Command to disperse issued by a public officer, which is not followed.
Remaining at an Unlawful Assembly
- The crime of remaining present at a riot, rout, or unlawful assembly is addressed in Penal Code Section 409.
- Individuals must disperse after being lawfully warned to do so; failure to comply results in misdemeanor charges.
Case Example
- Peaceful union strike evolved into unlawful assembly when noise escalated and began to block traffic.
- Members used amplification devices once initial peaceful actions ceased drawing attention.
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