PENAL CODE pt 1 Title 11 sec 403. 404.docx

PENAL CODE - PEN PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4]   ( Part 1 enacted 1872. ) TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1]   ( Title 11 enacted 1872. ) 403.    Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not u...

PENAL CODE - PEN PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4]   ( Part 1 enacted 1872. ) TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1]   ( Title 11 enacted 1872. ) 403.    Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 302 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor. (Amended by Stats. 1994, Ch. 923, Sec. 159. Effective January 1, 1995.) 404.    (a) Any use of force or violence, disturbing the public peace, or any threat to use force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law, is a riot. (b) As used in this section, disturbing the public peace may occur in any place of confinement. Place of confinement means any state prison, county jail, industrial farm, or road camp, or any city jail, industrial farm, or road camp, or any juvenile hall, juvenile camp, juvenile ranch, or juvenile forestry camp. (Amended by Stats. 1995, Ch. 132, Sec. 1. Effective January 1, 1996.) 404.6.    (a) Every person who with the intent to cause a riot does an act or engages in conduct that urges a riot, or urges others to commit acts of force or violence, or the burning or destroying of property, and at a time and place and under circumstances that produce a clear and present and immediate danger of acts of force or violence or the burning or destroying of property, is guilty of incitement to riot. (b) Incitement to riot is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (c) Every person who incites any riot in the state prison or a county jail that results in serious bodily injury, shall be punished by either imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. (d) The existence of any fact that would bring a person under subdivision (c) shall be alleged in the complaint, information, or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt, by the court where guilt is established by a plea of guilty or nolo contendere, or by trial by the court sitting without a jury. (Amended by Stats. 2011, Ch. 15, Sec. 345. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)