California Penal Code Section 403 PC: Disturbing A Public Meeting

California Penal Code Section 403 PC: Disturbing A Public Meeting

California Penal Code Section 403 PC makes it illegal to disturb or break up any lawful assembly or meeting–you know, like those boring city council meetings where they decide whether or not to approve the new strip mall development. But as boring as they are, you can’t just barge in there and start trouble. That’s against the law!

Now, before you go getting yourself in trouble, let’s break this law down a bit so you know exactly what’s legal and what’s not. We’ll look at what the law says, what prosecutors have to prove, available defenses, and potential penalties. That way you can avoid getting slapped with a misdemeanor–or worse–if you decide to liven up a public meeting 😉

What the Law States

According to California Penal Code 403 PC:

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.

In plain English, this law makes it illegal to disrupt a lawful public meeting–like a school board or city council meeting. The law specifically calls out two types of meetings that are exempt: religious meetings protected under Penal Code Section 302, and election-related meetings protected under Elections Code 18340. So you’re fine if you decide to disturb those 😉

But any other type of lawful public meeting or assembly? Hands off. No disturbing allowed.

What Prosecutors Must Prove

For you to be convicted under this law, prosecutors must prove the following elements beyond a reasonable doubt:

1. You willfully disturbed or broke up a public meeting or assembly;
2. The meeting or assembly was lawful;
3. You knew the meeting was lawful when you disturbed it; and
4. You acted without legal authority.

Let’s break these down one by one:

1. You willfully disturbed or broke up a public meeting or assembly

“Willfully” here means you intended to disturb the meeting–it wasn’t an accident. You knew your actions would disturb things, and you did them anyway.

Some examples of willful disturbance include:

• Yelling, screaming, or making a lot of noise
• Using amplifiers or sound equipment to disrupt speakers
• Blocking entrances to prevent access
• Making threats of violence or harm

So if you barge into a school board meeting shouting and blocking the exits, you’ve willfully disturbed it. But if you trip over the mic cord and accidentally unplug the speaker’s mic, that’s not willful.

2. The meeting or assembly was lawful

This means the meeting itself has to be legal. Public agencies like city councils, school boards, etc. can only hold meetings if they follow open meeting laws. As long as proper notice is given and the public has access, the meeting is lawful.

3. You knew the meeting was lawful when you disturbed it

Prosecutors have to prove you knew the meeting was lawful when you disrupted it. If you genuinely believed the meeting was illegal, then you aren’t guilty under this law.

For example, if a city council meeting was illegally closed to the public, and you started protesting or making noise to get in, you didn’t “willfully” disturb a lawful meeting because you thought it was unlawful.

4. You acted without legal authority

Finally, prosecutors must show you weren’t legally authorized to disturb the meeting. Police officers or security guards, for example, can legally remove disorderly people from public meetings.

Legal Defenses

If you’re wrongly accused under this law, there are a few legal defenses that could get the charges dropped or lead to an acquittal. Some common defenses include:

You didn’t act willfully

Remember, “willfully” disturbing means doing it on purpose. If your disruption was an accident–like tripping and knocking over the podium–you didn’t act willfully.

The meeting wasn’t lawful

If prosecutors can’t prove the meeting was lawful, this destroys an essential element of the crime. Public meetings must properly notice the public and provide access.

You reasonably believed the meeting was unlawful

If you show you reasonably thought the meeting broke open meeting laws, then you didn’t “knowingly” disrupt a lawful assembly.

Someone authorized you to act

If police or security directed you to help clear an unruly crowd, you were legally authorized to act.

Penalties

Disturbing a lawful meeting under Penal Code 403 PC is a misdemeanor offense. Potential penalties include:

• Up to 1 year in county jail
• A fine up to $1,000
• Informal probation

In some cases, prosecutors may offer pretrial diversion or deferred entry of judgment to avoid a conviction. These programs require completing classes, community service, etc. in exchange for dismissed charges.

Related Offenses

There are also other California laws that prohibit disrupting public assemblies, including:

Penal Code 302 PC – Disturbing a Religious Meeting

This law makes it illegal to willfully disturb or disquiet any assemblage of people meeting for religious worship. This protects things like church services, weddings, funerals, etc.

A violation is a misdemeanor with potential county jail time and a fine up to $1,000.

Penal Code 403.5 PC – Preventing or Disrupting a Funeral

This law prohibits willfully preventing, interfering with, or physically obstructing someone’s participation in a funeral. This includes making loud noises, blocking access, and displaying offensive messages or images near a funeral site.

A violation is punishable by up to 1 year in jail and fines up to $10,000.

Penal Code 404.6 PC – Disrupting a Lawful Assembly at a State Capitol, Courthouse, or Public Building

This law makes it a misdemeanor to intentionally disrupt access to, or the orderly conduct of business in, certain public buildings like courthouses, jails, state capitol buildings, etc.

Potential penalties include up to 1 year in county jail.

Contact a Defense Attorney

Facing disturbing the peace or other disruption charges? Don’t go it alone. An experienced criminal defense lawyer can help get your charges reduced or dismissed. They know how to effectively challenge the prosecution’s evidence and raise strong defenses on your behalf.

And if you do end up taking a plea deal, they can advocate for minimal penalties like probation or community service. Protect your rights. Reach out to a local attorney today.