CALCRIM No. 2683. Participating in a Riot (Pen. Code, §§ 404, 405)

Judicial Council of California Criminal Jury Instructions (2020 edition)

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2683.Participating in a Riot (Pen. Code, §§ 404, 405)
The defendant is charged [in Count ] with participating in a riot
[in violation of Penal Code section 405].
To prove that the defendant is guilty of this crime, the People must
prove that the defendant willfully participated in 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.
Someone commits an act willfully when he or she does it willingly or on
purpose.
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
AUTHORITY
• Elements. Pen. Code, §§ 404, 405.
• Riot Defined. Pen. Code, § 404.
• Willfully Defined. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th
102, 107 [51 Cal.Rptr.2d 402].
RELATED ISSUES
Prior Agreement Not Necessary
“It [is] not necessary that a previous agreement between the aggressors should have
been alleged, or have existed, to bring such offenses within the inhibitions of section
404.” (People v. Bundte (1948) 87 Cal.App.2d 735, 743 [197 P.2d 823].) “Thus, it is
the concurrence of unlawful action by individuals in the use, or threat to unlawfully
use force or violence that constitutes the offense of riot. [Citation.] All persons who
encourage, incite, promote, give support to or countenance a riot are principals in a
riot.” (People v. Cipriani (1971) 18 Cal.App.3d 299, 304 [95 Cal.Rptr. 722] [italics
in original, citing People v. Bundte, supra, 87 Cal.App.2d at pp. 744-746].)
Mere Presence Not Sufficient
Mere presence alone does not make someone a rioter. (People v. Bundte (1948) 87
Cal.App.2d 735, 746 [197 P.2d 823].)
572
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 16.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
Against Order, § 144.21 (Matthew Bender).
CRIMES AGAINST GOVERNMENT CALCRIM No. 2683
573

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