Penal Code § 403 PC – Disturbing a Public Meeting – California Law

Penal Code § 403 PC makes it a crime willfully to disturb or break up a public assembly or meeting. Doing so is a misdemeanor offense punishable by up to 6 months in jail and fines of up to $1000.00.

The language of the code section states that:

403. 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.

Examples

• blaring loud music outside a peaceful protest
• civilians breaking up a public gathering held to support a certain holiday
• throwing rocks at a group picketing a grocery store

Legal Defenses

A person charged under this statute can challenge it with a legal defense. A few effective defenses include the defendant showing that:

• he/she did not commit a willful act,
• a meeting was unlawful, and/or
• he/she was engaged in constitutionally protected behavior.

Penalties

A violation of California Penal Code Section 403 is a misdemeanor offense. This is opposed to:

• a felony, or
• an infraction.

The crime is punishable by:

• custody in county jail for up to six months, and/or
• a maximum fine of $1,000.

Our California criminal defense attorneys will explain the following in this article:

• 1. When is disturbing a public meeting a crime in California?
• 2. Can a defendant raise a defense?
  • 2.1 No willful act
  • 2.2 Unlawful meeting
  • 2.3 Constitutionally protected behavior
• 3. What are the penalties?
• 4. Can a 403 PC conviction be expunged?
• 5. Are there related offenses?
  • 5.1 Disturbing a religious meeting – PC 302
  • 5.2 Disturbing the peace – PC 415
  • 5.3 Failure to disperse – PC 416

1. When is disturbing a public meeting a crime in California?

A prosecutor must prove the following elements to successfully convict a person of disturbing a meeting:

1. the defendant intentionally committed acts that violated a public meeting,
2. the defendant knew or reasonably should have known that his/her acts violated the meeting, and
3. the defendant’s acts substantially and unlawfully interfered with the conduct of the meeting.¹

A person is not guilty of this crime unless his/her acts themselves, and not the message or expressive content of the acts, substantially interfered with the conduct of the meeting. This rule helps protect a person’s First Amendment right to free speech.²

Note that this statute does not apply to the disturbance of political meetings. These meetings are covered by California Elections Code 18340.³

2. Can a defendant raise a defense?

A person accused under these laws has the right to challenge the accusation with a legal defense. Three common defenses include the defendant showing that:

1. he/she did not act willfully.
2. a meeting was unlawful.
3. he/she was engaged in constitutionally protected behavior.

2.1 No willful act

Recall that a person is only guilty of violating this statute if he/she acted willfully or intentionally. It is always a defense, then, for an accused to show that he/she did not act accordingly. Perhaps, for example, a defendant disturbed a meeting on accident.

2.2 Unlawful meeting

The language of PC 403 states that it is an offense for a person to disturb a meeting that is “not unlawful in its character.” Therefore, an accused can raise the defense that he/she disturbed a meeting because it was an illegal assembly, or it otherwise violated some state law.

2.3 Constitutionally protected behavior

Recall that this statute does not prohibit conduct protected by the First Amendment to the U.S. Constitution. A valid defense, therefore, is for a defendant to show that he/she was engaged in constitutionally protected behavior.

3. What are the penalties?

Disturbing a meeting is a misdemeanor offense in California.

The crime is punishable by:

• imprisonment in county jail (as opposed to state prison) for up to six months, and/or
• a fine of up to $1,000.⁴

A judge has the discretion to award a defendant with misdemeanor (or summary) probation in lieu of jail time.

4. Can a 403 PC conviction be expunged?

A person convicted of this crime can get the conviction expunged, per Penal Code 1203.4 PC.

This is true provided that the convict successfully completes:

• his/her jail term, or
• probation (whichever was imposed).

5. Are there any related offenses?

There are three crimes related to disturbing a meeting. These are:

1. disturbing a religious meeting – PC 302,
2. disturbing the peace – PC 415, and
3. failure to disperse – PC 416.

5.1 Disturbing a religious meeting – PC 302

California Penal Code 302 PC makes it a crime for a person intentionally to:

1. disturb or disrupt a religious meeting, and
2. do so by way of profanity, misbehavior, or unreasonable noise.

Note the focus of this statute. While PC 403 applies specifically to public meetings, this law solely involves religious meetings.

5.2 Disturbing the peace – PC 415

Penal Code 415 PC is the California statute that makes it a crime for a person to disturb the peace by:

• playing excessively loud music,
• getting into a fight with someone, or
• using certain offensive language or fighting words.

A person violates this statute by simply disturbing people in the public domain. Unlike PC 403, there is no requirement that a defendant disturbed people in any type of meeting or gathering.

5.3 Failure to disperse – PC 416

Penal Code 416 PC is the California statute that makes it a crime for a person to assemble for the purpose of disturbing the public, and then fail to leave after being ordered to do so by the police.

As with PC 403, a violation of this law is a misdemeanor punishable by up to six months in county jail.

---

Legal References:

1. CALCRIM No. 2681 – Disturbance of Public Meeting. Judicial Council of California Criminal Jury Instructions (2020 edition). See also In re Kay (1970) 1 Cal.3d 930.
2. See, e.g., McMahon v. Albany Unified School Dist. (2002) 104 Cal.App.4^th 1275.
3. CPR for Skid Row v. City of L.A. (2015) 779 F.3d 1098.
4. California Penal Code 19 PC.