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
[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).>
[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).>
(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 commits an act willfully when he or she does it willingly or on
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;
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
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