CALCRIM (Jury Instructions) Section 2687. • Riot Defined. Pen. Code, § 404. • Rout Defined. Pen. Code, § 406. • Unlawful Assembly Defined. Pen. Code, § 407. • Asse
CALCRIM (Jury Instructions) § 2687
•
Riot Defined. Pen. Code, § 404.
•
Rout Defined. Pen. Code, § 406.
•
Unlawful Assembly Defined. Pen. Code, § 407.
•
Assembly for Lawful Act Requires Violence or Clear and Present Danger of
Violence. In re Brown (1973) 9 Cal.3d 612, 623 [108 Cal.Rptr. 465, 510 P.2d
1017]; see Collins v. Jordan (9th Cir. 1996) 110 F.3d 1363, 1371.
•
No Particular Manner of Warning Required. In re Bacon (1966) 240 Cal.App.2d
34, 50–51 [49 Cal.Rptr. 322]; People v. Cipriani (1971) 18 Cal.App.3d 299,
307–308 [95 Cal.Rptr. 722]; In re Wagner (1981) 119 Cal.App.3d 90, 105 [173
Cal.Rptr. 766].
•
Willfully Defined. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th 102,
107 [51 Cal.Rptr.2d 402].
RELATED ISSUES
Penal Code Sections 409 and 416(a)
Penal Code section 409 applies to any person remaining at an unlawful assembly
following an order to disperse, whether or not that person is involved in the violent
or illegal activity. (Dubner v. City and Co. of San Francisco (9th Cir. 2001) 266
F.3d 959, 967–968; In re Bacon (1966) 240 Cal.App.2d 34, 49 [49 Cal.Rptr. 322].)
Refusal to disperse is also punishable under Penal Code section 416(a). Penal Code
section 416(a) applies only to those who have the specific intent to commit violent
or unlawful acts but does not require that the gathering meet the definition of riot,
rout, or unlawful assembly. (Dubner v. City and Co. of San Francisco (2001) 266
F.3d 959, 967–968; In re Wagner (1981) 119 Cal.App.3d 90, 110–111 [173 Cal.Rptr.
766].) Use this instruction only for a charge of violating Penal Code section 409. If
the defendant is charged under Penal Code section 416(a), give CALCRIM No.
2687, Refusal to Disperse: Intent to Commit Unlawful Act.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 18.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
Against Order, § 144.21 (Matthew Bender).
CRIMES AGAINST GOVERNMENT
CALCRIM No. 2686
581
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 18.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
Against Order, §§ 144.21, 144.22 (Matthew Bender).
CALCRIM No. 2687
CRIMES AGAINST GOVERNMENT
584
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
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In simple terms: CALCRIM (Jury Instructions) Section 2687. • Riot Defined. Pen. Code, § 404. • Rout Defined. Pen. Code, § 406. • Unlawful Assembly Defined. Pen. Code, § 407. • Asse. This means people must follow this rule, and breaking it can lead to criminal penalties.