CALCRIM (Jury Instructions) Section 2736. county jail. (Pen. Code, § 404.6(d).) If the defendant makes such an admission, the court should delete all bracketed
CALCRIM (Jury Instructions) § 2736
county jail. (Pen. Code, § 404.6(d).) If the defendant makes such an admission, the
court should delete all bracketed references to state prison or county jail. If the
defendant does not make such an admission, the court should give the bracketed
portions referring to state prison or county jail.
AUTHORITY
•
Elements. Pen. Code, § 404.6(c).
•
Riot Defined. Pen. Code, § 404.
•
Serious Bodily Injury Defined. Pen. Code, § 243(f)(4); People v. Taylor (2004)
118 Cal.App.4th 11, 25, fn. 4 [12 Cal.Rptr.3d 693].
•
Force or Violence Defined. See People v. Lozano (1987) 192 Cal.App.3d 618,
627 [237 Cal.Rptr. 612]; People v. Bravott (1986) 183 Cal.App.3d 93, 97 [227
Cal.Rptr. 810].
•
Statute Constitutional. People v. Davis (1968) 68 Cal.2d 481, 484–487 [67
Cal.Rptr. 547, 439 P.2d 651].
•
Terms of Statute Understandable. People v. Jones (1971) 19 Cal.App.3d 437,
447 [96 Cal.Rptr. 795].
RELATED ISSUES
Defendant Must Urge Others
To be guilty of inciting a riot, the defendant must urge others to commit acts of
force or property destruction. (People v. Boyd (1985) 38 Cal.3d 762, 778 [215
Cal.Rptr. 1, 700 P.2d 782]; In re Wagner (1981) 119 Cal.App.3d 90, 106 [173
Cal.Rptr. 766].) Thus, in In re Wagner, supra, 119 Cal.App.3d at p. 106, the court
held that the evidence was insufficient to establish incitement to riot where the
defendant was observed throwing rocks at the police. (Ibid.)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 17.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
Against Order, § 144.21 (Matthew Bender).
2737–2744.
Reserved for Future Use
CALCRIM No. 2736
CRIMES AGAINST GOVERNMENT
624
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 2736. county jail. (Pen. Code, § 404.6(d).) If the defendant makes such an admission, the court should delete all bracketed. This means people must follow this rule, and breaking it can lead to criminal penalties.