Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE
California Codes

Cal. Penal Code § 407 (2026)

Of Crimes Against The Public Peace

✓ current as of May 2026
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Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1950–2025 · leading case: In Re Brown, 510 P.2d 1017 (Cal. 1973).
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In Re Brown, 510 P.2d 1017 (Cal. 1973). · cites it 2× “At the times relevant here, Penal Code section 407 provided: “Whenever two or more persons assemble together to do an unlawful act, and separate without doing or advancing toward it, or *622 do a lawful act in a violent, boisterous or tumultuous manner, such assembly is an…”
Hallinan v. Comm. of Bar Examiners, 421 P.2d 76 (Cal. 1966). · cites it 2× “He was convicted at the first trial on four counts of violating, respectively, Penal Code sections 407, 409, 415 and 602, subdivision (j), and, at the second trial, of three counts of violating Penal Code sections 407, 409 and 602.”
Dubner v. City & Cnty. of San Francisco, 266 F.3d 959 (9th Cir. 2001). “” Cal.Penal Code § 407. Appellees cite eases from the 1930s and late-1960s, applying § 409 in the context of violent demonstrations and labor disputes, in support of their position that this protest qualifies as an unlawful assembly.”
In Re Wagner, 119 Cal. App. 3d 90 (Cal. Ct. App. 1981). “The petitioners appealed their convictions to the Appellate Department of the Superior Court of Ventura County.”
Aichele v. City of Los Angeles, 314 F.R.D. 478 (C.D. Cal. 2013). “) This determination was apparently made pursuant to CaLPenal Code § 407, which defines an “unlawful assembly” as an assembly of “two or more persons .”
Chambers v. Mun. Court, 65 Cal. App. 3d 904 (Cal. Ct. App. 1977). “" [3] Penal Code section 407: "Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.”
Sernoffsky v. Novak (S.D. Cal. 2025). · cites it 4× “, Captain Novak ordered that an 4 unlawful assembly declaration be made pursuant to California Penal Code § 407, and that 5 the order was declared only towards the crowd on the north side of SDPD’s Buffer Zone 6 on Mission Boulevard, which was where, generally speaking, the…”
Chambers v. Mun. Court, 65 Cal. App. 3d 904 (Cal. Ct. App. 1977). “” Penal Code section 407: “Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.”
Wood v. City of Sacramento (E.D. Cal. 2023). · cites it 2× “” Cal. Penal Code § 407 . 12 “The plain objective of section 409 is to enable law 13 enforcement officers to de-fuse riotous situations by ordering 14 persons to remove themselves from the area without any need to 15 distinguish between the rioters and bystanders whose very 16…”
Ashker v. Newsom (N.D. Cal. 2019). “” Cal. Pen. Code § 407 . For present purposes, under California law, “riot” is 17 broadly defined as two or more people, acting together and without authority of law, in either (1) 18 disturbing the public peace, or (2) using or threatening force or violence.”
San Diego Branch of Nat'l Ass'n For The Advancement of Colored People (S.D. Cal. 2022). “2 Under California Penal Code section 407, an unlawful assembly occurs “[w]henever 3 two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, 4 boisterous, or tumultuous manner.”
In re Schneider, 217 P.2d 934 (Cal. 1950). “As above noted the record shows without question that he had no money in his possession when he was arrested; that the money was found on the person of his codefendant, and that it was used for the purpose of restitution to the victims.”
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