Protests And Assembly
Penal Code 409 — remaining after a lawful warning to disperse is a misdemeanor
What an unlawful assembly is. When two or more persons assemble together to do an unlawful act, or to do a lawful act in a violent, boisterous or tumultuous manner, the assembly is an unlawful assembly.
Remaining after a warning. Every person remaining present at the place of a riot, rout or unlawful assembly after it has been lawfully warned to disperse, except public officers and those assisting them, is guilty of a misdemeanor.
Not dispersing on command. If two or more persons assemble to disturb the public peace or commit an unlawful act and do not disperse when a public officer commands it, each is guilty of a misdemeanor. A person who personally causes property damage while doing so makes restitution, and the prosecution bears the burden of proving who caused it.
The right to assemble and to speak comes from the state and federal constitutions, and permits for marches and the use of public places are set by local rules; neither is on this page. Whether a particular order was lawful, or a particular gathering unlawful, is a question of fact and law for a licensed California attorney.
Sources for this section (3)
- Penal Code 407 — Unlawful assembly defined
- Penal Code 409 — Remaining at a riot or unlawful assembly after an order to disperse
- Penal Code 416 — Refusing to disperse
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.