Vista, California Rioting Laws: Penal Code 404 (PC)

Last Updated on February 20, 2025

Vista and the rest of San Diego County are pretty laid-back, which means riots are, fortunately, a rarity here. But on occasion, they do happen. If a riot breaks out around you, avoiding the fray is not just a good idea from a safety standpoint but also from a legal perspective because participating in a riot can leave you behind bars. Unfortunately, getting out of the way isn’t always possible, especially when a riot breaks out during a peaceful protest. If you are charged with rioting under California Penal Code section 404 (PC) or inciting a riot under 404.6 (PC), call an attorney as soon as possible to help you fight the charges.

When is a Gathering Considered a Riot Under California Law?

The common usage of riot is not quite the same as the one used under the law. California Penal Code 404 (PC) defines rioting as “any use of force or violence, disturbing the public peace, or any threat to use force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law.” While this legal definition sounds complex, what it essentially says is that a riot occurs whenever two or more people take action together to commit acts of violence, cause a disturbance, or threaten violence.

A riot does not need to be planned beforehand, so the law has no conspiracy aspect. If two or more people commit crimes that qualify as rioting, it does not matter if they worked together.

What Does it Mean to Incite a Riot?

California applies different charges to those who participate in a riot vs. those accused of inciting one, meaning they encouraged others to participate in illegal activities such as rioting, committing acts of force or violence, looting, destroying property, or starting fires. These charges are filed under Penal Code 404.6 (PC).

A person accused of incitement does not need to participate in these acts but merely urge others to do them. You can only be charged with this crime, though, if you acted when there was already a clear, present, and immediate danger of rioting, violence, or property damage taking place. In other words, if you encourage someone to start rioting at a laid-back surfing festival, you probably won’t be charged with incitement.

In many cases, a person who doesn’t support a particular cause may attend a protest hoping to incite a riot and, thus, discredit the cause of those around them. This situation happened regularly during Black Lives Matter protests, where agitators have worked to associate the movement with violence and property destruction.

Is Taking Part in or Inciting a Riot a Felony or Misdemeanor?

The penalties for participating in a riot are spelled out in Penal Code 405 (PC), and incitement carries the same sentence. Both offenses are misdemeanors, punishable by no more than one year in jail and $1,000 in fines. When no one was injured and no property was damaged, judges typically sentence offenders to probation.

When a Protest Turns Into a Riot

In many cases, peaceful protests, picketing, or even just organized public meetings can result in riots, though only a handful of participants turn to threats of violence, disturbing the peace or acts of violence. Unfortunately, when this happens, innocent parties often get swept up and arrested during the chaos. It is common for people who merely happened to be in the area at the time of a riot to be charged with rioting with no substantial evidence to prove they were part of the illegal activities. If this happens to you, please speak with an attorney as soon as possible to fight the charges.

Self-Defense Still Applies in a Riot

Sometimes, a person arrested for a violent act during a riot may actually have been defending themselves against others. It is difficult for police to observe the entire scene during a riot, so they often arrest people trying to protect themselves or their loved ones. If you were involved in violent activities during a riot but only because you acted in self-defense, your criminal lawyer can use this as a defense against the charges.

Your First Amendment Rights Matter

While it is illegal to take part in or incite a riot, picketing and protesting are still protected acts under the US Constitution. You cannot be accused of these crimes if you did not use, threaten, or encourage others to use force or violence. Unfortunately, the line can be thin when determining which actions and statements are legally protected forms of free speech and which are not.

For example, if you say, “Let’s tear down this system,” you probably haven’t broken the law, but if you are carrying a hammer and say, “We’ll smash the oppressors,” this could be taken as a threat, even if you meant it as a metaphor. Whatever the specifics of your situation, it’s always best to speak with a criminal lawyer before attempting to defend yourself to avoid saying something that could be used against you later.

Fighting the Charges With a Lawyer

While judges will often sentence those accused of rioting or inciting a riot to probation, it is still better to fight the charges with the help of an attorney to avoid all consequences and keep your record clean. Many people charged with rioting will also be charged with related crimes such as assault, failure to disperse, unlawful assembly, taking someone from police custody, or disorderly conduct.

A Local Example

After the Capitol Riot of January 6 2021, political tensions were high. A few days later in Pacific Beach, contingents of pro-Trump supporters held a “Patriot March” and ended up clashing against anti-fascist counter-protesters, leading to a riot. Prosecutors brought charges against 11 antifa protesters, including two individuals from Los Angeles, who they accused of driving down to incite a riot.

Nine of the individuals plead guilty, but the Los Angeles residents fought the charges and were convicted in court. While their lawyers argued that the individuals only brought and used weapons to protect themselves from attacks directed at them by the far-right extremists at the Patriot March, the men were still convicted. All parties involved were sentenced to terms between 180 days in jail and 2 years in prison.

If you have been charged with rioting or any related crimes, please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation with top San Diego disturbing the peace lawyer Peter M. Liss.