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  2. says that there are three ways you can commit the crime of “disturbing the peace.”. These are by: 1.1. Unlawful fighting – PC 415 (1) A prosecutor must prove the following to convict you of disturbing the peace via a fight: “ ” means you did an act deliberately or on purpose.

  3. PC 415 (a): Disturbing the peace by loud and unreasonable noise under PC 415 (2) is a misdemeanor or an infraction. If found guilty of misdemeanor PC 415 (2), the defendant may face up to 90 days in jail; however, probation without jail is a common sentence in disturbing the peace cases.

  4. If you actually get into a physical fight with another person in a public place, you can be charged with disturbing the peace and battery. Under California Penal Code Section 242, battery is a misdemeanor punishable by up to six months in county jail and a $2,000 fine.

  5. Disturbing the peace is criminalized pursuant to penal code section 415 (aka PC 415, P.C. 415, and police code 415). Section 415 criminalizes three very distinct activities; (1) playing loud music or making unreasonably loud noise, (2) fighting someone in public, and (3) using offensive words.

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  6. 1. Definition and Elements of the Crime. A person can be charged with disturbing the peace under California Penal Code Section 415 PC for a number of disruptive activities, including fighting, loud or unreasonable noise violations and using offensive words.

  7. PC 415 forbids individuals from making unreasonable amounts of noise for malicious reasons. This noise must occur along with a clear risk of violence. Individuals could also be charged with disturbing the peace if they are making noise to disrupt the lawful activities of others. Using Offensive Language.

  8. (1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight. (2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise. (3) Any person who uses offensive words in a public place which is inherently likely to provoke an immediate violent reaction.”

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