California Penal Code Section 404.6 PC: Inciting A Riot
California Penal Code Section 404.6 PC makes it illegal to incite a riot. This means that even if you don’t actively participate in a riot or commit any violent acts, you can still be charged with a crime if your words or actions were intended to stir up a riot. Let’s take a closer look at what this law means and the penalties you could face if convicted.
What Does California Law Say About Inciting a Riot?
Here is the actual text of California Penal Code Section 404.6 PC:
(a) Every person who with the intent to cause a riot does an act or engages in conduct that urges a riot, or urges others to commit acts of force or violence, or the burning or destroying of property, and at a time and place and under circumstances that produce a clear and present and immediate danger of acts of force or violence or the burning or destroying of property, is guilty of incitement to riot.
(b) Incitement to riot is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
So in a nutshell, this law makes it illegal to urge others to riot or commit violence, if your words or actions create an immediate danger that a riot will actually occur. Some key points:
- You must have the intent to cause a riot when you urge others to violence or destruction of property.
- There must be a clear and present danger that your words/actions will immediately spark a riot.
- You can be guilty even if a riot doesn’t actually happen as a result of your urging.
This is a misdemeanor offense punishable by up to 1 year in county jail and/or a $1,000 fine. It’s important to note that you can be charged with incitement even if you didn’t directly participate in the riot itself. The key issue is whether your words or conduct were intended to stir up violence or destruction.
What Does “Urging a Riot” Mean?
Exactly what kinds of words or actions qualify as “urging a riot” under this law? There is no exhaustive list, but some examples could include:
- Giving an inflammatory speech to a crowd that seems likely to incite violence
- Passing out flyers or posters that urge people to riot or “fight back”
- Sending text messages or social media posts aimed at stirring up a riot
- Leading crowds in riotous chants or slogans
- Waving weapons or objects in a threatening manner to encourage violence
The key is that your communications must be intended to incite imminent violence or destruction, not just express an opinion. And there must be circumstances present that create a high risk a riot could erupt. Simply venting frustration or anger without directly urging lawless action would not qualify.
When Can I Be Charged With Incitement?
Prosecutors cannot charge you with incitement to riot anytime your speech seems provocative or controversial. Because this law impacts First Amendment free speech rights, prosecutors can only file charges if:
- Your speech was clearly intended to spark immediate violence or destruction, not just express an opinion;
- And there was a clear and present danger your words would succeed in causing a riot.
This is a very high bar to meet. As the U.S. Supreme Court ruled in Brandenburg v. Ohio, the government cannot punish “mere advocacy” of violence. There must be intent to incite imminent lawless action and a likelihood of success. So if your provocative speech was unlikely to actually cause a riot, charges cannot stick.
What Are Some Legal Defenses?
If you are accused of violating California’s law against incitement to riot, here are some potential defenses to consider:
- First Amendment – Your speech was protected free expression, not intended to incite immediate violence.
- Hyperbole – Your provocative statements didn’t represent your actual intent.
- No imminent danger – There was little risk your speech would spark a riot.
- Misidentification – You weren’t the person who made the inciting statements.
- False accusations – The alleged “riot” didn’t happen or you weren’t involved.
An experienced criminal defense attorney can evaluate the evidence against you and decide what defenses to pursue. It’s important to remember that the First Amendment sets a very high bar for punishing free speech.
Recent Cases of Prosecutions for Incitement to Riot in California
Here are a few recent examples of people charged with incitement to riot under California law:
- In 2020, the San Luis Obispo County DA charged Tianna Arata with incitement for allegedly leading BLM protests that turned violent. Arata’s attorney argued her speech was protected.
- During 2020 protests over the killing of George Floyd, Sacramento DA Anne Marie Schubert declined to charge any organizers, citing First Amendment protections.
- In 2019, anti-vaccine activist Austin Bennett livestreamed himself urging followers to “go after” lawmakers. He was charged with incitement.
As you can see, prosecutors take these charges very seriously, but courts still uphold strong First Amendment protections in most cases.
What Are the Penalties If Convicted of Incitement?
Incitement to riot is a misdemeanor offense in California. Potential penalties include:
- Up to 1 year in county jail
- Fines up to $1,000
- Informal probation
- Community service
- Counseling or anger management classes
In some cases, prosecutors may offer a plea bargain to a lesser charge to resolve the case. An experienced criminal defense lawyer can advise you on the best strategy to minimize penalties and protect your record.
Get Legal Help Fighting Incitement Charges
Being accused of inciting a riot can have devastating consequences, even if you believe you were simply exercising free speech rights. An allegation like this can impact your reputation, freedom and future. Don’t leave anything to chance.
Contact a knowledgeable California criminal defense attorney as soon as possible if you are facing charges under Penal Code Section 404.6 PC. With an aggressive legal defense, you can avoid a wrongful conviction and stand up for your rights.