2682.Inciting a Riot (Pen. Code, § 404.6(a))
The defendant is charged [in Count ] with inciting a riot [in
violation of Penal Code section 404.6(a)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant (did an act or engaged in conduct that
encouraged a riot[,]/ [or] urged others to commit acts of force or
violence[,]/ [or] urged others to burn or destroy property);
2. The defendant acted at a time and place and under
circumstances that produced a clear, present, and immediate
danger that (a riot would occur/ [or] acts of force or violence
would happen/ [or] property would be burned or destroyed);
3. When the defendant acted, (he/she) intended to cause a riot.
Ariot occurs when two or more people, acting together and without
legal authority, disturb the public peace by using force or violence or by
threatening to use force or violence with the immediate ability to carry
out those threats.
[The People do not have to prove that anyone actually (rioted/ [or]
committed acts of force or violence/ [or] burned or destroyed property).]
New January 2006
The court has a sua sponte duty to give this instruction deﬁning the elements of
Give the bracketed sentence that begins with “The People do not have to prove” on
• Elements. Pen. Code, § 404.6(a).
• Riot Deﬁned. Pen. Code, § 404.
• Statute Constitutional. People v. Davis (1968) 68 Cal.2d 481, 484–487 [67
Cal.Rptr. 547, 439 P.2d 651].
• Terms of Statute Understandable. People v. Jones (1971) 19 Cal.App.3d 437,
447 [96 Cal.Rptr. 795].