Penal Code 403 PC | Disturbing a Meeting

Penal Code 403 PC | Disturbing a Meeting

Have you ever been in a meeting or assembly that got disrupted by someone being loud, rude, or unruly? It can be super frustrating when one person derails an entire event. Well in California, there’s actually a law that makes it illegal to disturb or break up a lawful meeting. It’s called Penal Code 403 PC, and it’s no joke — you could face jail time and fines if convicted. Keep reading to learn everything you need to know about this law.

What is Penal Code 403 PC?

Penal Code 403 PC is the California statute that makes it a misdemeanor to disturb or break up any lawful meeting or assembly — whether it’s a school, religious, political, or social gathering. This includes things like:

• Yelling, screaming, or making excessive noise during a meeting
• Using offensive language or slurs that derail the meeting
• Getting into fights or scuffles that interrupt the proceedings
• Refusing to obey rules or orders meant to keep the peace

The main thing is that your behavior has to actually disturb the meeting or break it up entirely. If you just cause a minor disruption but the meeting continues, you probably haven’t violated 403 PC.

What are the penalties?

Disturbing a meeting is a misdemeanor offense in California, carrying:

• Up to 90 days in county jail
• A max fine of $400
• Informal probation

But if you’ve already been convicted of 403 PC once before, any second or further offense becomes a wobbler. That means the prosecutor can choose to charge it as a misdemeanor or felony. And as a felony, you’d face:

• 16 months, 2 years, or 3 years in state prison
• Up to $10,000 in fines
• Formal felony probation

Yikes! As you can see, the stakes get much higher if you’re a repeat offender.

When does this law apply?

Penal Code 403 only applies to lawful meetings and assemblies. If the gathering itself is unlawful — like an illegal protest that blocks traffic — you generally can’t be charged for disrupting it.

The meeting also has to be for a lawful purpose. So if a bunch of people hold a meeting to plan a crime, you wouldn’t get in trouble for disturbing it.

But as long as it’s a legal gathering for a legal purpose? 403 PC is in full effect. It doesn’t matter if it’s public or private, organized or spontaneous. The law is meant to protect our right to peaceful assembly.

What are some common defenses?

Now let’s discuss a few legal defenses that could get 403 PC charges reduced or dismissed:

You didn’t intend to disturb the meeting

If your disruption was unintentional, that’s a solid defense. Like if you had a coughing fit that interrupted a speech — not your fault! Or if someone provoked you into yelling. The prosecution would have to prove you meant to disturb the peace.

Your conduct was constitutionally protected

The First Amendment protects your freedom of speech and expression. So if you disrupted a meeting through protest activities like chanting slogans or holding signs, that speech is protected. The government can’t punish you for exercising your constitutional rights.

Someone provoked you into disturbing the meeting

If someone else’s conduct provoked you into disturbing a meeting, you may be able to claim “provocation” as a defense. Let’s say someone attacked you at a gathering, and you fought back in self-defense, disrupting the event. Provocation like that could excuse your actions.

You were falsely accused

Lastly, if you weren’t even present at the meeting in question, or you didn’t do what you’re accused of? Alibi and mistaken identity defenses could get the charges dropped for lack of evidence.

Recent cases

To understand how 403 PC plays out in real life, let’s look at some recent disturbing the peace cases:

People v. Johnson (2015)

Marcus Johnson was part of a raucous audience at a school board meeting. When security guards tried escorting him out for being disruptive, he shoved one of them. He was convicted of:

• Misdemeanor 403 PC
• Misdemeanor battery on a security officer

On appeal, the court upheld the 403 conviction because Johnson’s conduct clearly disturbed the meeting. But it tossed out the battery conviction because the guard wasn’t a “security officer” under the law.

In re Kay (1970)

During a city council meeting, Kay and others started shouting to disrupt the proceedings. When the mayor tried restoring order, Kay kept yelling and was arrested. He was convicted of 403 PC.

But an appeals court overturned the conviction because Kay’s disruptions were brief, and the meeting continued. His speech was also constitutionally protected. The court said a single minor disruption doesn’t violate 403 PC.

People v. Nicolaus (1991)

Nicolaus got into a shouting match with a council member during a public meeting. He was charged with misdemeanor 403 PC. Nicolaus claimed he couldn’t be convicted because his speech was protected by the First Amendment.

But the court disagreed. It said the First Amendment doesn’t protect speech that actually disturbs a meeting, vs. briefly interrupting it. Nicolaus’ conviction stood.

How can I fight these charges?

If you’re facing charges under 403 PC, don’t go it alone. Consult with an experienced California criminal defense lawyer. A good attorney can often get these cases dismissed or reduced to lesser infractions. They know how to assert constitutional free speech defenses. With so much at stake, it’s critical to have skilled legal counsel in your corner.

Disturbing a lawful meeting is a serious offense. But with the right defense strategy, you may be able to avoid fines, probation, and jail time. Don’t wait to get help fighting these allegations — your future is on the line.

References

People v. Johnson (2015)
In re Kay (1970)
People v. Nicolaus (1991)