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CA · jury_instructions

CALCRIM No. 2736

Inciting a Riot in a Prison or Jail (Pen. Code, § 404.6(c))

activein force · 2020-01-01 – presentcompiled-edition

The defendant is charged [in Count] with inciting a riot [in a

(state prison/county jail)] [in violation of Penal Code section 404.6(c)].

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

prove that:

1. The defendant (did an act [or engaged in conduct] that

encouraged a riot[,]/ [or] urged others to commit acts of force or

violence[,]/ [or] urged others to (burn/ [or] destroy) property);

2. The defendant acted at a time and place and under circumstances

that produced a clear, present, and immediate danger that (acts

of force or violence would happen/ [or] property would be

(burned/ [or] destroyed));

3. When the defendant acted, (he/she) intended to cause a riot;

4. As a result of the defendant’s action [or conduct], a riot occurred

[in a (state prison/county jail)];

AND

5. The riot resulted in serious bodily injury to someone.

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

Provenance

Source
courts.ca.gov
Retrieved
2026-08-20
Edition
calcrim-2020
Content hash
646240bee48119a8c0e541f4c7c04c2cd1d73764f7433a89f9b170dfdc24439c
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