Description

A person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse may be charged with Failure to Disperse. If two or more person assemble for the purpose of disturbing the peace and do not disperse on being desired or commanded so to do by a public officer, they may be charged individually with a misdemeanor.

What does the prosecutor have to prove?

§409:
1. A riot , rout, or unlawful assembly occurred.
2. Defendant was present where the riot, rout, or unlawful assembly took place.
3. Defendant was lawfully warned to disperse.
4. Defendant willfully remained present at the riot, rout, or unlawful assembly after the lawful warning to disperse.
5. Defendant was not a public officer or assisting a public officer in attempting to disperse the riot, rout, or unlawful assembly.
§416:
1. Defendant and one or more persons assembled for the purpose of disturbing the public peace or committing an unlawful act.
2. Defendant did not disperse upon being desired or commanded to do so by a public officer.
3. As a result, Defendant personally caused damage to real or personal property, either publicly or privately owned.

Punishment

Misdemeanor: 0-180 days

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No