California Codes

Cal. Penal Code § 405a (2026)

Of Crimes Against The Public Peace

✓ current as of May 2026
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A person who participates in the taking by means of a riot of another person from the lawful custody of a peace officer is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.

Notes of Decisions
Cited in 5 cases, 1971–1999 · leading case: People v. Patino, 95 Cal. App. 3d 11 (Cal. Ct. App. 1979).
People v. Patino, 95 Cal. App. 3d 11 (Cal. Ct. App. 1979). · cites it 3× “(Pen. Code, §§ 405a, 404.) That the offense of lynching was committed by a group of persons in the instant case is scarcely open to question from the evidence presented by the prosecution.”
People v. Tanner, 596 P.2d 328 (Cal. 1979). “Code, § 288), lynching (Pen. Code, § 405a), mayhem (Pen. Code, §" 203), forcible sodomy (Pen.”
People v. Jones, 19 Cal. App. 3d 437 (Cal. Ct. App. 1971). · cites it 2× “Code, § 4550), lynching (Pen. Code, § 405a), incitement to riot (Pen.”
Hinojosa v. Superior Court, 55 Cal. App. 3d 692 (Cal. Ct. App. 1976). “Code, §§ 242 and 243) and all except Hinojosa were charged with lynching (Pen. Code, § 405a) and rescue (Pen. Code, § 4550).”
People v. Anthony J., 72 Cal. App. 4th 1326 (Cal. Ct. App. 1999). “He argues that the lynching statutes (Pen. Code, §§ 405a and 405b) were enacted to protect victims of lynching from harm, and therefore cannot be violated by a person who is the subject of the lynching.”
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