California Penal Code §302 — Disturbing a Religious Meeting
PC §302 makes it a misdemeanor to willfully disturb or disquiet any assemblage of people met for religious worship by profane discourse, rude or indecent behavior, or by unnecessary noise, either within the place of worship or so near it as to disturb the order and solemnity of the meeting. Exposure is up to 1 year county jail and a $1,000 fine (or if the disturbance occurs during a memorial service, up to $2,000). §302 raises significant First Amendment overbreadth issues — protected speech and lawful protest fall outside its scope, and Rubin Law regularly litigates constitutional defenses.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Disturbing a Religious Meeting Cases in All LA County Courts
01 — Quick Facts
PC §302 — Disturbing a Religious Meeting at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §302 — Disturbing a Religious Meeting |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Penalty | Up to 1 year county jail + $1,000 fine |
| Category | Public Order |
| Probation | Case-specific — see penalties section |
| Strike | See penalties table |
| Expungeable | See defense analysis |
| Immigration | Consult immigration counsel — case-specific |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §302?
What Is California Penal Code §302?
PC §302 Reads:
"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 punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail for a period not exceeding one year, or by both a fine and imprisonment."
— California Penal Code §302(a)
PC §302 targets intentional disturbance of religious worship at a tax-exempt place of worship. It reaches conduct — profane discourse, indecent behavior, or unnecessary noise — that disrupts the 'order and solemnity' of religious services. The 'so near' clause reaches conduct outside the building itself, provided the disturbance actually reaches the worshippers. The statute has been repeatedly narrowed by courts to exclude constitutionally protected speech, and applies only where the defendant acted with willful intent to disturb.
Why This Law Matters
§302 is often filed in disputes involving disruptive congregants, protesters at religious ceremonies, and interfaith conflicts. It is a CIMT-adjacent misdemeanor and carries collateral consequences for immigration and licensing. First Amendment overbreadth defense is central — Rubin Law litigates constitutional narrowing at the motion stage. §1001.95 judicial diversion is available for eligible defendants — successful completion results in dismissal without conviction.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §302
The People must prove each element beyond a reasonable doubt.
Assemblage Met for Religious Worship at Tax-Exempt Place
The gathering must be for religious worship AND at a tax-exempt religious location.
Willful Intentional Disturbance
The defendant must have willfully intended to disturb — not merely disagreed or engaged in ordinary speech.
By Profane Discourse, Rude/Indecent Behavior, or Unnecessary Noise
The disturbance must fall within the three enumerated methods.
Disturbance Actually Occurred
The disturbance must have actually disrupted the order and solemnity of the meeting — not merely occurred nearby.
04 — Penalties
Penalties for PC §302 Disturbing a Religious Meeting in California
Penalty structure and enhancements for this offense.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §302(a) Standard | PC §302(a) | Up to 1 year county jail + $1,000 fine | Summary — up to 3 years | No |
| §302(b) Memorial Service | PC §302(b) | Up to 1 year county jail + $2,000 fine | Summary — up to 3 years | No |
| Judicial Diversion (§1001.95) | PC §1001.95 | None — case dismissed on successful completion | Diversion program | No |
Related Enhancements & Charges
Companion §415 Disturbing Peace
PC §415
Often co-filed for the underlying breach-of-peace conduct.
Hate-Crime Enhancement §422.75
PC §422.75
+1 to +3 years or $10,000 fine where the disturbance targeted protected religious identity.
Companion §647(f) Public Intoxication
PC §647(f)
Co-filed where alcohol/drug use contributed to the disturbance.
Restraining-Order Violation §273.6
PC §273.6
Co-filed where a stay-away order from the religious venue was in place.
Beyond the Sentence
- First Amendment doctrine and case-specific speech analysis apply
- Restraining orders from the religious venue for up to 3 years
- Community-service and religious-tolerance educational requirements
- Immigration consequences case-specific — CIMT analysis required
- Employment consequences where the defendant works with or is affiliated with the venue
- Civil liability under Civ. Code §51.7 (Ralph Act) for hate-motivated disturbances
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §302 Disturbing a Religious Meeting Charges
Rubin Law, P.C. defends this offense through the following strategies.
First Amendment Overbreadth
Protected speech, prayer, expressive dissent, and lawful protest fall outside §302. The statute must be construed narrowly under Cantwell v. Connecticut (1940) 310 U.S. 296 and progeny.
Cantwell v. Connecticut
No Willful Intent to Disturb
Sincere religious dissent, expressive prayer, and inadvertent disruption fail the intent element. Rubin Law builds intent challenges through testimony and context.
PC §7(1)
Not a Tax-Exempt Religious Assembly
Private gatherings, ecumenical panels, and non-tax-exempt meetings fall outside §302.
§302(a) Assemblage Element
No Actual Disturbance
Audio-visual recordings often show the service continued without interruption — a fatal defect in the actual-disturbance element.
Actual-Disturbance Element
Judicial Diversion (§1001.95)
§302 is a non-violent misdemeanor eligible for §1001.95 diversion — dismissal without conviction upon successful completion.
Hate-Crime Enhancement Attack
Where §422.75 is alleged, targeted evidence of religious animus is required. Speech about religion, without animus, defeats the enhancement.
PC §422.75 / R.A.V. v. St. Paul
Constitutional Sources
07 — Court Process
How PC §302 Disturbing a Religious Meeting Cases Move Through Los Angeles Courts
Typical case flow through the LA County courts.
- 1
Step 1 — Police Response
§302 cases usually originate from 911 calls by venue staff. Do not resist and do not give voluntary statements without counsel.
- 2
Step 2 — Filing / Arraignment
Misdemeanor filed in the local courthouse. §1001.95 diversion eligibility discussed at first appearance.
- 3
Step 3 — Discovery
Body-worn camera footage, venue security video, witness statements, and any social-media content.
- 4
Step 4 — Motion Practice
First Amendment challenges, §1001.95 diversion motions, §1538.5 suppression, and Pitchess motions on responding officers.
- 5
Step 5 — Trial or Diversion
Most §302 cases resolve through §1001.95 diversion. Trial defense focuses on First Amendment, willfulness, and actual-disturbance elements.
- 6
Step 6 — Sentencing / Diversion Completion
Successful diversion — case dismissed. Otherwise: summary probation, community service, and tolerance education.
Los Angeles Courts That Handle PC §302 Disturbing a Religious Meeting Cases
Filings are venued in the courthouse serving the incident location.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Disturbing a Religious Meeting Defense Attorney
Daniel S. Rubin has defended clients charged with disturbing a religious meeting and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §302 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Disturbing a Religious Meeting Cases Throughout LA County
See our full Disturbing a Religious Meeting defense practice
09 — FAQs
PC §302 Disturbing a Religious Meeting Questions — Los Angeles
What is PC §302?
PC §302 makes it a misdemeanor to willfully disturb a religious assembly at a tax-exempt place of worship by profane discourse, rude/indecent behavior, or unnecessary noise. Exposure is up to 1 year county jail and $1,000 fine ($2,000 for memorial services).
Does §302 apply to protests outside a church?
Only if the protest actually disturbs the order and solemnity of the meeting inside. Lawful protest with reasonable distance and volume falls outside §302 and is constitutionally protected.
Is §302 a violation of free speech?
The statute is facially constitutional but must be narrowly construed. Protected speech, prayer, expressive dissent, and peaceful protest fall outside its scope under Cantwell and progeny.
Is §302 eligible for diversion?
Yes. §302 is a non-violent misdemeanor eligible for §1001.95 judicial diversion — successful completion results in dismissal without conviction.
Does §302 apply to disturbances during memorial services?
Yes. §302(b) specifically addresses memorial services, with an enhanced fine of up to $2,000.
Can §302 be enhanced as a hate crime?
Yes. PC §422.75 hate-crime enhancement adds prison time where the disturbance was motivated by religious animus. Rubin Law defends hate-crime enhancements through R.A.V. v. St. Paul analysis.
What if the venue was not tax-exempt?
The statute applies only to tax-exempt places of worship. Private gatherings, ecumenical panels, and non-tax-exempt meetings fall outside §302 — a common defect Rubin Law exploits.
Available 24/7 — Free Consultation
Charged with PC §302 Disturbing a Religious Meeting? Call Rubin Law.
§302 raises significant First Amendment concerns. Rubin Law, P.C. defends by narrowly construing the statute, attacking the willfulness and actual-disturbance elements, and pushing for §1001.95 diversion dismissal. Call (213) 723-2337.