2684.Participating in a Rout (Pen. Code, §§ 406, 408)
The defendant is charged [in Count ] with participating in a rout
[in violation of Penal Code section 408].
To prove that the defendant is guilty of this crime, the People must
prove that the defendant willfully participated in a rout.
Arout 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.
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
New January 2006
The court has a sua sponte duty to give this instruction deﬁning the elements of
• 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(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).