Chapter 8 - Criminal Law

What are the three types of conduct prohibited under PC 415 (Disturbing the Peace)?

1. Unlawfully fighting in a public place or challenging another in a public place to fight

2. Maliciously and willfully disturbing another by loud and unreasonable noise

3. Using offensive words in a public place which are inherently likely to provoke immediate violent reaction

Under VC 27007, how far away must a sound amplification device from a vehicle be heard to violate the law?

50 feet or more

Which specific intent is required for PC 653(m) (Obscene or Harassing Phone Calls)?

Intent to annoy or harass, use obscene language, or make threats

Which specific intent is required for PC 653(x) (Annoying 9-1-1 Calls)?

Intent to annoy or harass

Can PC 422 (Criminal Threats) be charged as a felony or only a misdemeanor?

Can be charged as a felony

Under PC 407, what defines an unlawful assembly (number of people + intent)?

Two or more persons assemble together with intent to:

• Do an unlawful act, OR

• Do a lawful act in a violent, boisterous, or tumultuous manner

Under PC 416(a), when is a person guilty of refusing to disperse?

If two or more persons assemble to disturb the peace or do an unlawful act, and they do not disperse when commanded by a public officer

PC 409 makes it a misdemeanor to remain at the scene of what three types of incidents after being told to disperse?

Riot, rout, or unlawful assembly

Under PC 404(a), what are the three elements of a riot?

1. Use of force or violence disturbing the public peace, OR

2. Any threat to use such force or violence

3. Accompanied by immediate power of execution by two or more persons

What is the difference between a rout (PC 406) and a riot?

A rout is an attempt or advance toward committing an act that would be a riot (riot requires actual force/violence or immediate threat with power to execute)

Under PC 404.6, what must a person intend to do, and what must their conduct produce to be guilty of inciting a riot?

Intent to cause a riot; conduct must urge a riot or acts of force/violence/property destruction and produce a clear, present, and immediate danger of such acts

PC 405a (prisoner release by means of a riot) is a felony or misdemeanor?

Felony

PC 4550 (prisoner rescue) is what type of crime (wobbler, felony, misdemeanor)?

Wobbler

Name at least three types of disturbing public meetings mentioned in the slides.

• Disturbance of Assembly or Meeting – PC 403

• Disturbing Political Meetings – Elections Code 29440

• Disturbing Religious Meeting – PC 302

• Disrupting Sporting Events – PC 243.83

• Hate Crimes – PC 422.6

• Access to Clinics and Religious Facilities – PC 423.2

Under PC 602.5, what type of property is protected (noncommercial dwelling, commercial building, etc.)?

Noncommercial dwelling, house, apartment

What is the difference between PC 418 (Forcible Entry and Detainer) and PC 603 (Destruction of Property)?

• PC 418: using force to enter or remain/detain on land

• PC 603: using force to enter building or damaging property in/around dwelling

Name three school disturbance laws from the slide.

• Crimes Against Public and School Officials – PC 71

• Disturbing Campus Peace – PC 415.5

• Obstructing Students' or Teachers' Access to Classes – PC 602.10

• Entry on Campus After Suspension – PC 626.2

• Nonstudents on Campus – PC 626.6

• Possession of Firearms – PC 626.9
  (any three)

What are three examples of disorderly conduct under PC 647 subsections?

• (a) Soliciting/engaging in lewd/dissolute conduct in public

• (b) Soliciting/engaging in prostitution (18 years or older)

• (c) Accosting others in public for the purpose of begging

• (e) Lodging without consent of owner

• (f) Public intoxication

• (h) Prowling/loitering on private property without lawful business

• (i) Window peeking

• (j)(1) Peephole voyeurism/secret taping beneath clothing

What does PC 647(i) prohibit ("window peeking")?

Window peeking while on private property and without lawful business

What does PC 647(j)(1) prohibit (related to voyeurism)?

Peephole voyeurism, secret taping, or filming beneath the dress, skirt, or other clothing

Under PC 370, what is a public nuisance?

anything that unlawfully annoys, injures, or endangers the public

What does PC 11413 (terrorism) require regarding a destructive device or arson?

Explodes, ignites, or attempts to use any destructive device or explosive, OR commits arson in or about listed places for the purpose of terrorizing another

What are the three elements of PC 186.22 (Street Terrorism Enforcement and Prevention Act)?

1. Actively participates in any criminal street gang

2. With knowledge that members engage in a pattern of criminal activity

3. Who promote, further, or assist members engage in felonious criminal conduct by members of the gang

Name two laws related to public safety that involve smoking.

• Smoking Near Doorways to Public Buildings – Government Code 7597

• Smoking on Playground – Health and Safety Code 104495

What does PC 653.2 prohibit?

Publishing information to cause fear