CALCRIM No. 2686

Code, §§ 407, 409)

The defendant is charged [in Count] with refusal to disperse

after being ordered to do so [in violation of Penal Code section 409].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant was present at the location of (a/an) (riot[,]/ [or]

rout[,]/ [or] unlawful assembly);

2. A public officer lawfully ordered the defendant to disperse;

[AND]

3. The defendant willfully remained present at the location of the

(riot[,]/ [or] rout[,]/ [or] unlawful assembly) after the order to

disperse(;/.)

<Give element 4 when instructing on the defense of being a public offıcer

or person assisting an offıcer .>

[AND

4. The defendant was not a public officer or a person assisting an

officer in attempting to disperse the (riot[,]/ [or] rout[,]/ [or]

unlawful assembly).]

Someone commits an act willfully when he or she does it willingly or on

purpose.

[A riot occurs when two or more people, acting together and without

legal authority, disturb the public peace by using force or violence or by

threatening to use force or violence with the immediate ability to carry

out those threats.]

[A rout occurs when two or more people, assembled and acting together,

make an attempt to commit or advance toward committing an act that

would be a riot if actually committed.]

[An unlawful assembly occurs when two or more people assemble

together (to commit a crime/ [or] to do a lawful act in a violent manner).

[When two or more people assemble to do a lawful act in a violent

manner, the assembly is not unlawful unless violence actually occurs or

there is a clear and present danger that violence will occur

immediately.]]

(A/An) <insert description> is a public officer.

A public officer lawfully warns people to disperse when the officer directs

them, in the name of the People of the State, to immediately disperse.

The officer is not required to use any particular words. However, the

words used must be sufficient to inform a reasonable person that the

officer is acting in an official capacity and ordering people to leave the

area. In addition, the officer must communicate the order in a

reasonable way that ensures that the order is heard.

[The People do not have to prove that the defendant participated in the

(riot[,]/ [or] rout[,]/ [or] unlawful assembly).]

New January 2006