2681. Disturbance of Public Meeting
The defendant is charged [in Count ______] with (disturbing/ [or] breaking up) a public meeting.
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant intentionally committed acts that violated (implicit customs or usages of/ [or] explicit rules for governing) a public meeting that was not religious or political in nature;
2. The defendant knew or reasonably should have known that (his/her) acts violated those (customs[,]/ [or] usages[,]/ [or] rules);
3. The defendant's acts substantially [and unlawfully] interfered with the conduct of the meeting.
You may not find the defendant guilty of this crime unless you find that the defendant's acts themselves, not the message or expressive content of the acts, substantially interfered with the conduct of the meeting.
[When deciding whether the defendant knew or reasonably should have known that (his/her) acts violated the (implicit customs or usages of/ [or] explicit rules for governing) the meeting, you may consider whether someone warned or requested the defendant to stop (his/her) activities.]
The court has a sua sponte duty to give this instruction defining the elements of the crime.
On request, give the bracketed sentence that begins with "When deciding whether," if the meeting did not have explicit rules of governance. (In re Kay (1970) 1 Cal.3d 930, 945 [83 Cal.Rptr. 686, 464 P.2d 142].)
Elements. Pen. Code, § 403; In re Kay (1970) 1 Cal.3d 930, 941-943 [83 Cal.Rptr. 686, 464 P.2d 142].
First Amendment Limitations on Statute. In re Kay (1970) 1 Cal.3d 930, 941-942 [83 Cal.Rptr. 686, 464 P.2d 142].
Must Be Public Meeting. Farraher v. Superior Court (1919) 45 Cal.App. 4, 6 [187 P. 72].
No Clear and Present Danger Requirement. McMahon v. Albany Unified School Dist. (2002) 104 Cal.App.4th 1275, 1287-1288 [129 Cal.Rptr.2d 184].
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public Peace and Welfare, § 16.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes Against Order, § 144.21 (Matthew Bender).
(New January 2006)