California PC 302: Disturbing a Religious Meeting
Disturbing a Religious Meeting in California: Penal Code 302
California Penal Code section 302 states, “Every person who intentionally disturbs or disquiets any assemblage of people met for religious worship at a tax-exempt place of worship, by profane discourse, rude or indecent behavior, or by any unnecessary noise, either within the place where the meeting is held, or so near it as to disturb the order and solemnity of the meeting, is guilty of a misdemeanor.”
When Is It a Crime to Disturb a Religious Meeting?
PC 302 describes the requirements for being charged with the crime of disturbing a religious meeting. In order to violate this law one must:
- Disturb a gathering of religious worship that took place at a tax-exempt religious institution AND
- Intentionally disturb the meeting by doing one of the following
- Using profanity
- Making unnecessary noise
- Engaging in rude or indecent behavior
What Are the Punishments for Violating California PC 302?
PC 302 is a misdemeanor offense in California. The punishments can include:
- Up to 1 year in a county jail
- A maximum fine of $1,000
Beware. In addition to these punishments, someone violating PC 302 may also face California hate crime laws. Hate crime laws enforce harsher sentences for people who harm or harass others because of characteristics such as gender, race, and in this case, religious beliefs. If authorities charge the PC 302 violation as a hate crime, they can charge it as either a misdemeanor or a felony, and punishments could include:
- Up to 3 years in a state prison
- A maximum fine of $10,000
How Can I Defend Myself if I Am Wrongfully Accused of Disturbing a Religious Meeting?
There are several possible defenses to a wrongful charge of disturbing a religious meeting. Some of these include:
- The meeting you disturbed was not necessarily a “religious meeting”
- You did not do something that qualifies as a disturbance as specified in PC 302
- Your disturbance was unintentional
To be charged with this crime, the meeting you disturb must meet certain requirements. First, the venue must be a tax-exempt place of worship, so if this is not the case, you would not be in violation of PC 302. The people present must also be meeting for religious purposes. This means that even if there was a meeting at a tax-exempt religious institution, it also has to have been for religious worship in order to qualify. Example: A church congregation that meets at the St. Joe’s Elementary School chapel decides to hold a charity kickball tournament on the field of the school. During the tournament, a heckler decides to yell rude and profane phrases at the players, which leads to his arrest on the grounds that he was in violation of PC 302. While the heckler may be guilty of disturbing the peace, (PC 415) he technically is not disturbing a religious meeting. The congregation met on the premises of a tax-exempt place of worship, but they met to play kickball, not for religious purposes. It may be the case that you did not actually do anything that is classified under PC 302 as a “disturbance.” The law requires that you used profanity, made unnecessary noise, or acted rudely or indecently. There are ways to disrupt a meeting that does not include doing these things, including actions that are unintentional. Perhaps you attended a religious meeting with your baby, and your baby started crying, which interrupted the gathering. Whatever the action was, if it was unintentional, or did not include any of the required criteria for a disturbance, you would not be in violation of PC 302. KAASS LAW can assist if authorities charge you under California Penal Code 302 for disrupting a religious meeting.
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Being an accessory after the fact is illegal under Penal Code 32 PC. Its definition is knowingly harboring, concealing, or assisting a felon in order to keep them from being under the arrest. This is a crime that carries a maximum sentence of three years in state prison.
Who is an “Accessory After the Fact” Under Section 32 of the California Penal Code?
Under the legal regulations, accessory after the fact means the person who “harbored, concealed or aided" the person who committed the felony to assist him to escape punishment. As a result, the presence of the following factors must be present in order to understand when one can be guilty for committing this violation:
- A felony shall be committed- a person cannot be convicted in case of a misdemeanor
- The person knowingly should assist the individual who committed the crime
- The person should have the intention to protect the individual from punishment
- The assistance should be provided after the commitment of the fact
Examples of Assistance to the Perpetrator
Let’s examine the following situation. In case you hide me in your house after I come and announce that I killed my colleague and lie to the police the next day that you have not seen me, you shall violate Section 32 of the California Penal Code. Other violation will be if you hide the gun by which I shot my colleague. Thus, hiding and/or destroying evidence, concealing the criminal, providing a false alibi, or any other assistance, are examples of actions that an “accessory after the fact” can commit.
Difference Between Section 32 and Aiding or Abetting the Crime.
Aider or abettor of the crime is one who participates in the crime with the perpetrator. Let’s examine the following situation. You can aider/abettor of the crime if me and you made a pact to murder a third person and you gave me a ride and also gave me the instrument of the crime. The distinction is that you were aware of the crime and had a role to play in it. In the case of Section 32 you became aware of the murder after it had occurred and aided me afterward.
Can a Person Who Failed to Reveal the Crime Also be Considered an Accessory After the Fact?
Failure to reveal the crime generally means refusing to give any information about the crime. For example, in case you did not assist me the evening when I committed the crime of killing my colleague, and in the morning refused to tell anything about the crime to the police, this will not mean that you violated Section 32. Even if you were a witness of the crime and failed to speak about it this does not make you a perpetrator-you will be a mere bystander. Thus, while failing to provide any information has no negative implications, in order to be guilty, a person must knowingly help the criminal after the latter has violated the law.
Punishment for the Crime
A prosecutor has the option of charging the accessory after the fact with either a felony or a misdemeanor. Depending on the details of the case and the individual's criminal background. In both circumstances, the maximum penalties is $5,000. If the violation is a crime, you can spend up to three years in state prison. If you commit a misdemeanor, you can spend up to a year in a country jail.
Glendale Attorneys
In case you or your friend have been convicted for violation of the above mentioned legal regulations, then you may be entitled to compensation. Contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
Fortunately, to qualify as a criminal annoying communication, a phone call, text message, or other communication must be more than just annoying. It must use filthy language or make threats, or it must be part of a series of harassing phone calls. The bad news is that determining what form of vulgar language or threats might lead to criminal liability for irritating phone calls is not always easy. The courts in California are still attempting to figure this out as well. This means that it may be difficult for someone to know whether or not what they're doing is illegal.
Penal Code 653m PC- Are Annoying Calls Prohibited by Law?
Making annoying phone calls and communicating with people is prohibited by law. Let's examine what are the criteria to define that communication is annoying;
- calls and communication shall be made by the intent to annoy
- shall contain any obscene language, or threat to injure the person, his family member, or property
- repeated communication shall have the intent to annoy or harass
We can conclude that there are several types of criminally annoying communication under the law;
- communication with the use of ‘’obscene’’ language,
- communication which involves a threat to injure,
- annoying or harassing repeated communication.
Besides the above mentioned, the law also qualifies as criminal such actions as not reaching the recipient but leaving a message to call back. In this case, when the recipient calls back and the person uses obscene language or threats in the phone conversation, this will be qualified as a violation under section 653m.
How to Distinguish Between a Simple Joke and the Use of Obscene Language or Threatening?
The most important element to criminalize the action is the presence of intent. This means that the person using this language or threatening shall have an intent to annoy or harass the recipient of the communication. For example, in case 2 friends in their usual conversations use “obscene” language. They argue, and after that one of them calls and texts again using this language. The other friend cannot claim that the use of obscene language, which has always been a usual element in their conversations, had the intent to harass him. Let’s also examine another situation. In case me and you have a common best friend and once we make a joke of calling and threatening to kill her the dog, and after several days we tell her about this joke, this will not be qualified as annoying calls and violation of the relevant section, as, there is no intent to annoy or harass our best friend.
How to Distinguish Between Business Calls and Annoying Repeated Communication?
The answer is again- the intent. For example, if every week you receive a call from an insurance company offering their new health insurance package, you cannot sue them for making annoying calls as they do not have the intent to annoy or harass you. Calling potential customers is their usual course of business.
What are the Legal Consequences for Violation of the Section?
Violation of section 653m is considered a misdemeanor. The punishment for such violation can be a conviction of up to six months in a country jail or a penalty in the amount of up to 1000 dollars. The defendant may also be sentenced to misdemeanor probation. As defense tools, it is possible to claim that the intent of communication was not to annoy or harass the person. Moreover, it is also possible to claim that the language was not really "obscene". Don't forget that anyone has a right to freedom of speech by the Constitution. Thus, sometimes, qualification of the communication as having "obscene" language can violate the constitutional right of a person.
Glendale Attorneys
Contact our Glendale attorney today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
Carjacking is defined as seizing a motor vehicle from someone by force or fear, according to California Penal Code 215 PC. Using "force or fear" under this statute entails inflicting physical force or threatening to harm the victim. PC 215 can be charged if the victim is the driver or a passenger in the car, and they do not have to be the owner.
Is Carjacking Considered a Violent Crime in California?
In California, carjacking is considered a felony. If you are convicted of carjacking, you might face a sentence of three, five, or nine years in state prison, and you would have to serve 85 percent of your sentence. Furthermore, under California's Three Strike Laws, carjacking is a Strike offense as a serious and violent felony, and every following felony conviction would be doubled. Carjacking is considered a crime of moral turpitude, and anyone in the United States on temporary resident status, as well as anyone with a professional license, will face urgent deportation procedures. If you are convicted of this felony, the DMV will place severe restrictions on your license.
What Is The Penalty For a PC 215 Carjacking Conviction in California?
Penalties for PC 215 carjacking conviction in California carries a:
- Three (3), five (5), or nice (9) year sentence without enhancements, and/or
- Compensation to each victim and fines of up to $10,000.
Carjacking Penalty Enhancements
A carjacking conviction carries harsh penalties and enhancements, as well as a "strike" under California's three-strikes rule, which can be increased if the defendant:
- used a weapon;
- injured the victim; and/or
- committed the crime to aid street gang
Penal Code 186.22 Gang Enhancement
Under Penal Code 186.22 gang enhancement a defendant can be prosecuted under this section if they either participate in a gang while furthering a felony or carry out a crime for the benefit of a gang. As such, a 15 year to life enhancement can be applied if the theft was for the benefit of a criminal street gang.
Gun Enhancement Penal Code 12022.53
If a firearm was used during the commission of the carjacking 10 years can be added to the sentence. Although per SB620, such enhancement is left to the judge's discretion.
Other Penalty Enhancements
In the event, someone was harmed during the commission of the carjacking, three (3) to six (6) years may be added to a defendant's sentence. If a gun was discharged during the commission of the carjacking a 20-year sentence can be added.
What is the Carjacking Problem in California?
Since every vehicle theft is a severe issue for the owner, the stakes are significantly higher when the owner is still in the vehicle when the thief acts. Carjacking is defined as the act of depriving the owner of the vehicle while they are still in or near it. However, ejecting the owner is precisely the carjacking issue. Force, the fear of force, or some other form of duress or coercion is required to eject or resist the owner. Owners do not just hand over the keys to their vehicles to criminals. Carjacking is a separate felony in part because it violates the owner's safety and autonomy, as well as the potential of significant injury or worse.
Related Crimes
Other carjacking related crimes include:
- Grand Theft Auto Penal Code 487(d)(1) PC
- Joyriding under Vehicle Code 10851 VC
Los Angeles Criminal Defense Attorney
If you or a loved one has been charged with carjacking under Penal Code 215 PC, we invite you to contact our Los Angeles criminal defense attorney today for a free consultation.
