California Penal Code §404.6 — Inciting a Riot
PC §404.6 punishes anyone who, with intent to cause a riot, does an act or engages in conduct that urges a riot, or urges others to commit acts of force or violence, or the burning or destroying of property, and at a time and place and under circumstances that produce a clear and present and immediate danger of acts of force or violence or the burning or destroying of property. It is a wobbler: misdemeanor up to 1 year in county jail (default); felony 16 months, 2, or 3 years prison when the inciting causes a riot resulting in serious bodily injury or property damage above $50,000. The Brandenburg 'clear and present danger' test is the constitutional floor.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Inciting a Riot Cases in All LA County Courts
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01 — Quick Facts
PC §404.6 — Inciting a Riot at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §404.6 — Inciting a Riot |
| Code Type | Penal Code (PC) |
| Classification | Wobbler |
| Misdemeanor Penalty | Up to 1 year county jail |
| Felony Penalty | 16 months, 2, or 3 years prison |
| Felony Trigger | SBI or property damage >$50,000 |
| First Amendment Standard | Brandenburg — imminent lawless action |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §404.6?
What Is California Penal Code §404.6?
PC §404.6 Reads:
"Every person who with the intent to cause a riot does an act or engages in conduct that urges a riot, or urges others to commit acts of force or violence, or the burning or destroying of property, and at a time and place and under circumstances that produce a clear and present and immediate danger of acts of force or violence or the burning or destroying of property, is guilty of incitement to riot."
— California Penal Code §404.6(a)
PC §404.6 was enacted specifically to survive First Amendment scrutiny under Brandenburg v. Ohio, which requires that speech be directed at producing imminent lawless action AND likely to do so. §404.6 imports both prongs directly: 'clear and present and immediate danger' PLUS specific 'intent to cause a riot.' Political rhetoric, angry protest, or endorsement of abstract violence is protected — only speech that fits the Brandenburg imminence-plus-likelihood test can be criminalized.
PC §404.6 vs. §404 vs. §407 vs. First Amendment
§404 defines 'riot' (two or more people using force or violence together, or threatening force). §407 defines 'unlawful assembly.' §404.6 targets the INCITER — the person urging others to act. §408 punishes participation in an unlawful assembly. All must satisfy Brandenburg to survive constitutional review.
PC §404.6 — Inciting
Urging force, violence, or property destruction with imminent-danger and intent. Wobbler.
PC §404 — Rioting (Participant)
Two or more people using or threatening force in concert. Misdemeanor + wobbler where SBI or property damage.
Why §404.6 Cases Turn on First Amendment Litigation
§404.6 filings routinely involve protest speech, social-media posts, or livestream comments. The Brandenburg imminence prong is difficult for the People to prove — most speech is generalized, temporally remote from any actual violence, or directed at an abstract audience. Rubin Law, P.C. routinely dismisses §404.6 counts on First Amendment grounds before trial. Stacked charges — arson, vandalism, conspiracy — can raise felony exposure quickly.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §404.6
To convict under PC §404.6 the People must prove each element beyond a reasonable doubt.
Specific Intent to Cause a Riot
The defendant acted with the specific intent that a riot occur — not merely to express anger, endorse violence in the abstract, or rally political support.
Urged Force, Violence, or Property Destruction
The words or conduct urged others to commit force, violence, burning, or destroying property.
Clear and Present and Immediate Danger
The circumstances — time, place, audience receptivity, means of violence at hand — produced a clear, present, and immediate danger of unlawful action.
03 — Degrees
PC §404.6 — Tiers & Degrees
PC §404.6 has three exposure tiers.
§404.6(a) — Default
Default tier — misdemeanor. Speech that satisfies Brandenburg but does not produce actual violence.
§404.6(b) — Actual Riot + Injury/Damage
Felony when the incitement causes a riot resulting in serious bodily injury or property damage >$50,000.
§404.6(c) — Detention Setting
Enhanced felony when incitement occurs in a jail, prison, or juvenile facility.
04 — Penalties
Penalties for PC §404.6 Inciting a Riot in California
PC §404.6 exposure and commonly stacked charges.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Inciting (default) | PC §404.6(a) | Up to 1 year jail | Available | No |
| Inciting + Riot + Injury/Damage | PC §404.6(b) | 16 mo, 2, or 3 years prison | Available | No |
| Inciting in Detention Facility | PC §404.6(c) | 2, 3, or 4 years prison | Available | No |
| Rioting (Participant) | PC §404 | Up to 1 year jail | Available | No |
Aggravating Companion Charges
Arson
PC §451
Where riot involved fire, arson counts add 2, 3, or 4 years — or life if GBI results.
Vandalism
PC §594
Property damage >$400 supports felony vandalism; >$50,000 elevates §404.6 to felony.
Conspiracy
PC §182
Coordinated planning with two or more inciters adds conspiracy exposure.
Weapons Enhancements
PC §12022
Presence of firearms or destructive devices during the riot.
Federal Anti-Riot Act
18 U.S.C. §2101
Interstate travel or communications to incite a riot — federal exposure up to 5 years.
Collateral Consequences
- Firearms disability on felony conviction (PC §29800)
- Immigration crime-of-moral-turpitude analysis for stacked charges
- Civil § 1983 exposure for police response — parallel civil-rights litigation
- Federal Anti-Riot Act parallel prosecution risk (18 U.S.C. §2101)
- Restitution to victims and property owners
- Employment, licensing, and public-benefits consequences
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §404.6 Inciting a Riot Charges
Rubin Law, P.C. defends §404.6 cases with First Amendment litigation, digital-forensic experts, and Brandenburg-standard motions.
First Amendment — No Imminent Danger
Speech was temporally remote from any violence, or the audience lacked capacity for immediate action. Brandenburg requires imminence-plus-likelihood.
Brandenburg v. Ohio
Abstract Advocacy
Endorsing violence in the abstract, discussing historical events, or expressing political anger is protected — even repugnant political speech is not §404.6.
Hess v. Indiana
No Specific Intent
Rhetorical, hyperbolic, or performative speech (satire, songs, artistic expression) lacks the required specific intent to cause a riot.
People v. Rubin
Speech Did Not 'Urge' Force
Statements condemned violence, called for restraint, or were mixed messages. The 'urge' element requires direct advocacy of immediate force.
PC §404.6
Illegal Search of Devices / Social Media
Suppression of phone, social-media, and livestream evidence under Riley v. California and Carpenter — narrow-scope warrant challenges.
Riley / Carpenter
Selective Enforcement
Enforcement targeted for viewpoint or political affiliation while similar speech from other actors was ignored — First Amendment retaliation.
Nieves v. Bartlett
Constitutional Sources
07 — Court Process
How PC §404.6 Inciting a Riot Cases Move Through Los Angeles Courts
How a PC §404.6 inciting-a-riot case moves through LA County and federal courts.
- 1
Step 1 — Investigation / Digital Forensics
Cases begin with LAPD/Sheriff Special Investigation Section review of livestream, social-media, and body-worn camera footage. Federal HSI/FBI review parallel Anti-Riot Act exposure.
- 2
Step 2 — Arrest / Search Warrant
Devices seized under Riley-compliant warrants; social-media accounts subpoenaed under §2703(d).
- 3
Step 3 — Filing Decision
City Attorney (misdemeanor §404.6(a)) or DA (felony §404.6(b)). Federal §2101 review on interstate cases.
- 4
Step 4 — Arraignment
Bail conditions typically include no protest/assembly attendance and social-media restrictions.
- 5
Step 5 — First Amendment Motion
PC §1538.5 (suppression) and §1004 demurrer targeting facial and as-applied First Amendment defects.
- 6
Step 6 — Trial or Negotiated Disposition
Common outcomes: dismissal on Brandenburg grounds, misdemeanor reduction, or plea to §415 disturbing the peace.
Los Angeles Courts That Handle PC §404.6 Inciting a Riot Cases
LA-area and federal courts most commonly handling PC §404.6 filings.
Clara Shortridge Foltz CJC
Downtown LA — DA felony inciting-a-riot filings.
US District Court, Central District of CA
Federal §2101 Anti-Riot Act parallel prosecutions.
Van Nuys Courthouse
San Fernando Valley protest cases.
Long Beach Courthouse
Harbor-area protest cases.
Airport Courthouse
LAX-area airport protest filings.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Inciting a Riot Defense Attorney
Daniel S. Rubin has defended clients charged with inciting a riot 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 §404.6 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Inciting a Riot Cases Throughout LA County
09 — FAQs
PC §404.6 Inciting a Riot Questions — Los Angeles
What is PC §404.6?
California's inciting-a-riot statute. Punishes urging force, violence, or property destruction with specific intent to cause a riot, under circumstances producing a clear and present and immediate danger of unlawful action.
Is PC §404.6 a felony?
Wobbler. Default is misdemeanor (up to 1 year jail). Felony when incitement causes a riot resulting in serious bodily injury or property damage >$50,000 (16 mo, 2, or 3 years prison), or when the incitement occurs in a detention facility (2, 3, or 4 years).
What is the Brandenburg standard?
Brandenburg v. Ohio (1969) held that speech advocating violence is protected UNLESS it is directed at producing imminent lawless action AND is likely to produce such action. §404.6 was drafted to satisfy this test.
Are protest chants illegal?
Not by themselves. Chants like 'no justice, no peace' are political speech, not incitement. §404.6 requires specific intent, imminence, and likelihood of actual violence.
Can social-media posts trigger §404.6?
Yes, but the Brandenburg imminence prong is difficult to prove for posts, which reach diffuse audiences without immediate capacity for coordinated action. Livestream during an active riot is the higher-exposure scenario.
Will federal charges follow?
Possible. The federal Anti-Riot Act (18 U.S.C. §2101) reaches interstate travel or wire communications to incite a riot — up to 5 years federal.
What is the penalty for PC §404.6?
Misdemeanor: up to 1 year jail. Felony (SBI or >$50,000 damage): 16 months, 2, or 3 years prison. Detention-setting: 2, 3, or 4 years.
What should I do if I'm charged?
Say nothing to police, do not delete any social-media posts or messages (that is separate obstruction exposure), preserve devices, and call Rubin Law, P.C. for First Amendment litigation before speaking to investigators.
Available 24/7 — Free Consultation
Charged With PC §404.6 Inciting a Riot in Los Angeles?
§404.6 is a wobbler with felony state and federal exposure — but Brandenburg protects most political speech. Rubin Law, P.C. defends protesters, streamers, and social-media speakers with First Amendment litigation. Call now.