California Criminal Jury Instructions (CALCRIM) (2017)

2689. Disturbing the Peace: Loud and Unreasonable Noise

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2689.Disturbing the Peace: Loud and Unreasonable Noise (Pen.
Code, §§ 415(2), 415.5(a)(2))
The defendant is charged [in Count ] with disturbing the peace
[in violation of <insert appropriate code section[s]>].
To prove that the defendant is guilty of this crime, the People must
prove that:
[1.] The defendant maliciously and willfully disturbed another person
by causing loud and unreasonable noise(;/.)
<Give element 2 when instructing on Pen. Code, § 415.5(a)(2).>
[AND]
[2. The other person was in a building or on the grounds of
<insert description of school from Pen. Code,
§ 415.5> at the time of the disturbance(;/.)]
<Give element 3 when instructing on Pen. Code, § 415.5(f).>
[AND
(2/3). The defendant was not (a registered student of the school/ [or]
a person engaged in lawful employee-related activity).]
Someone acts maliciously when he or she intentionally does a wrongful
act or when he or she acts with the unlawful intent to annoy or injure
someone else.
Someone commits an act willfully when he or she does it willingly or on
purpose.
In order to disturb another person by causing loud and unreasonable
noise,there must be either:
1. A clear and present danger of immediate violence;
OR
2. The noise must be used for the purpose of disrupting lawful
activities, rather than as a means to communicate.
The People do not have to prove that the defendant intended to provoke
a violent response.
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime. Give this instruction if the defendant is charged with violating Penal
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Code section 415(2) or section 415.5(a)(2).
If the defendant is charged under Penal Code section 415.5(a)(2), give bracketed
element 2 and insert the type of school from the statute. If there is sufficient
evidence that the exemption in Penal Code section 415.5(f) applies, the court has a
sua sponte duty to give bracketed element 3.
If the defendant is charged under Penal Code section 415(1), give only element 1.
Do not give bracketed elements 2 and 3.
AUTHORITY
• Elements. Pen. Code, §§ 415(2), 415.5(a)(2).
Willfully Defined. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th
102, 107 [51 Cal.Rptr.2d 402].
• Maliciously Defined. Pen. Code, § 7(4).
• Loud and Unreasonable Noise Defined. In re Brown (1973) 9 Cal.3d 612,
618–621 [108 Cal.Rptr. 465, 510 P.2d 1017].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, §§ 2–4, 35.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144,
Crimes Against Order, § 144.22 (Matthew Bender).
CALCRIM No. 2689 CRIMES AGAINST GOVERNMENT
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