2684. Participating in a Rout
The defendant is charged [in Count ______] with participating in a rout.
To prove that the defendant is guilty of this crime, the People must prove that the defendant willfully participated in a rout.
A rout occurs when two or more people, assembled and acting together, make an attempt to commit or advance toward committing an act that would be a riot if actually committed.
A riot 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.
The court has a sua sponte duty to give this instruction defining the elements of the crime.
Elements. Pen. Code, §§ 406, 408; In re Wagner (1981) 119 Cal.App.3d 90, 106 [173 Cal.Rptr. 766].
Rout Defined. Pen. Code, § 406.
Riot Defined. Pen. Code, § 404.
Willfully Defined. Pen. Code, § 7, subd. 1; People v. Lara (1996) 44 Cal.App.4th 102, 107 [51 Cal.Rptr.2d 402].
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public Peace and Welfare, § 10.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes Against Order, § 144.21 (Matthew Bender).
(New January 2006)