Protesting is becoming more and more frequent as time goes on. While protesting is currently legal in the US, they can quickly devolve into something more sinister and become a crime known as an unlawful assembly.
California Penal Codes 407 and 408 PC are associated with the crime of unlawful assembly. 407 PC defines an unlawful assembly as “whenever two or more persons assemble together to perform an illegal act or a lawful act in a violent, boisterous, or tumultuous manner, such an assembly is an unlawful assembly.”
A few examples of an unlawful assembly include:
- Joining a protest and throwing bottles, garbage, or other things at police
- Flipping over cars and/or lighting fires
- Vandalizing an establishment, office, or other place after coming together to protest it
While 407 PC defines an unlawful assembly, it is California Penal Code 408 PC that makes it illegal to participate in an unlawful assembly. Violating 408 PC is a misdemeanor punishable by up to six months in county jail and/or a fine of up to $1,000.
There are a few related charges that can be pressed for those who participate in an unlawful assembly. For example, California Penal Code 404 – participating in a riot. According to the law, a riot is defined as two or more people acting together to do any of the following without the authority of law:
- Use force or violence
- Disturb the public peace
- Threaten to use force or violence with the means to immediately execute the threat
Like 408 PC, participating in a riot is a misdemeanor punishable by up to one year in county jail and/or a fine of up to $1,000.
409 PC, failing to disperse at the scene of a riot is also a commonly associated charge. 409 PC makes it illegal to remain at a riot or unlawful assembly after being told by police to disperse. Last, 416 PC makes it illegal to fail to disperse from an assembly intended to disturb the public after the police ordered you to do so. It is possible to be charged with all three of these crimes at once.
