California Penal Code §415.5 — Disturbing Peace on School Grounds
PC §415.5 makes it a misdemeanor for any non-student, non-employee to (1) unlawfully fight on the grounds of a community college, state university, or UC campus, (2) willfully and maliciously make loud, disruptive noise on such grounds, or (3) use offensive words inherently likely to provoke immediate violent reaction on such grounds. Penalties escalate: up to $400 fine for a first offense, up to 10 days jail and $500 for a second within a year, and up to 90 days jail and $1,000 for subsequent offenses. §415.5 is the campus-property equivalent of PC §415 and is a signature Los Angeles City Attorney / District Attorney tool during campus protest, sports-event, and open-campus enforcement.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Disturbing Peace on School Grounds Cases in All LA County Courts
01 — Quick Facts
PC §415.5 — Disturbing Peace on School Grounds at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §415.5 — Disturbing Peace on School Grounds |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Penalty | Up to $400 (1st) / 10 days + $500 (2nd) / 90 days + $1,000 (3rd+) |
| Category | Public Order |
| Probation | Summary — up to 3 years |
| Strike | No |
| Expungeable | Yes — §1203.4 |
| Immigration | Generally not a CIMT |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §415.5?
What Is California Penal Code §415.5?
PC §415.5 Reads:
"Any person who (1) unlawfully fights within any building or upon the grounds of any school, community college, university, or state university or challenges another person within any building or upon the grounds to fight, or (2) maliciously and willfully disturbs another person within any of these buildings or upon the grounds by loud and unreasonable noise, or (3) uses offensive words within any of these buildings or upon the grounds which are inherently likely to provoke an immediate violent reaction is guilty of a misdemeanor."
— California Penal Code §415.5(a)
§415.5 mirrors PC §415 (general disturbing the peace) but is limited to the grounds and buildings of California community colleges, CSU, and UC campuses. The statute applies to persons who are neither registered students of the campus nor employees. It has three prongs: fighting/challenging, malicious loud noise, and inherently-provocative offensive words. Common LA fact patterns include campus-protest arrests at UCLA, USC, and CSUN, sports-rivalry incidents, and open-campus altercations.
Why This Law Matters
§415.5's escalating-penalty structure means a second or third offense within a year rapidly becomes a jailable misdemeanor. Campus-protest filings raise significant First Amendment issues — the 'offensive words' prong is limited to fighting-words under Chaplinsky v. New Hampshire and Cohen v. California. Rubin Law defends by asserting First Amendment protection, challenging the non-student / non-employee status element, and pushing for §1001.95 diversion.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §415.5
The People must prove each element beyond a reasonable doubt.
Defendant Is Not a Student or Employee
§415.5 applies only to persons who are not registered students of the specific campus and not employees.
Conduct Occurred On Campus Grounds or Buildings
The prohibited conduct must occur within campus buildings or on campus grounds.
One of Three Prohibited Acts
Fighting/challenging, malicious loud noise, or fighting words.
Malice (Noise Prong)
Malicious and willful noise — reckless volume or mere loud speech is insufficient.
04 — Penalties
Penalties for PC §415.5 Disturbing Peace on School Grounds in California
Penalty structure and enhancements for this offense.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| 1st Offense | PC §415.5(b) | Up to $400 fine (no jail) | Summary — up to 3 years | No |
| 2nd Offense Within 1 Year | PC §415.5(b) | Up to 10 days jail + $500 fine | Summary | No |
| 3rd+ Offense | PC §415.5(b) | Up to 90 days jail + $1,000 fine | Summary | No |
| Companion PC §415 | PC §415 | Up to 90 days + $400 | Summary | No |
Related Enhancements & Charges
Companion PC §415
PC §415
General disturbing-the-peace charged for non-campus conduct in same incident.
Companion PC §602 Trespass
PC §602
Campus-trespass companion frequently stacked.
Companion PC §647(f)
PC §647(f)
Public intoxication where alcohol involved.
Campus Ban / No-Contact Order
Ed. Code §66017
Administrative-code campus-exclusion order frequently accompanies filing.
Beyond the Sentence
- Campus-exclusion orders barring return to the campus
- Immigration consequences generally not CIMT but consult counsel
- Impact on student-visa status where applicable
- Companion §602 trespass filings and campus-police follow-up
- First Amendment / protest-related civil-rights litigation potential
- Escalated penalty structure — repeat exposure
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §415.5 Disturbing Peace on School Grounds Charges
Rubin Law, P.C. defends this offense through the following strategies.
First Amendment — Fighting Words Limit
The 'offensive words' prong is constitutionally limited to Chaplinsky/Cohen fighting-words — face-to-face taunts inherently likely to provoke immediate violence. Political speech, protest, and offensive-but-non-inciting speech are protected.
Chaplinsky / Cohen
Student / Employee Status
§415.5 applies only to non-students and non-employees. Enrolled students and campus employees fall outside — the People must prove the status element.
Status Element
Not On Campus
Public sidewalks adjoining campus, off-campus streets, and private property are not campus grounds. Boundary defense is central.
Location Element
Judicial Diversion (§1001.95)
§415.5 qualifies for §1001.95 judicial diversion — successful completion results in dismissal.
No Malice (Noise Prong)
Malice requires willful, intentional disturbance. Political speech, amplified protest, and celebratory noise generally lack malice.
Malice Element
Selective Enforcement
Content-based or protest-selective §415.5 enforcement raises Equal Protection and First Amendment retaliation claims.
First Amendment Retaliation
Constitutional Sources
07 — Court Process
How PC §415.5 Disturbing Peace on School Grounds Cases Move Through Los Angeles Courts
Typical case flow through the LA County courts.
- 1
Step 1 — Campus-Police Contact
UCPD, USC DPS, CSU police, or LAPD respond to campus disturbance. Detention or cite-and-release.
- 2
Step 2 — Filing / Arraignment
City Attorney or District Attorney files misdemeanor. Companion §602 trespass frequently stacked.
- 3
Step 3 — Campus-Exclusion Order
Administrative campus-exclusion order commonly issued in parallel — separate defense track.
- 4
Step 4 — Discovery
Campus-police body cameras, campus-security video, witness statements, and social-media footage.
- 5
Step 5 — Motion Practice
First Amendment motions, §1001.95 diversion, Pitchess motions on campus police, and status-element litigation.
- 6
Step 6 — Trial or Diversion
Most §415.5 cases resolve through §1001.95 diversion or dismissal on First Amendment grounds. Trial defense focuses on protected speech.
Los Angeles Courts That Handle PC §415.5 Disturbing Peace on School Grounds Cases
Filings are venued in the courthouse serving the campus location.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Disturbing Peace on School Grounds Defense Attorney
Daniel S. Rubin has defended clients charged with disturbing peace on school grounds 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 §415.5 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Disturbing Peace on School Grounds Cases Throughout LA County
See our full Disturbing Peace on School Grounds defense practice
09 — FAQs
PC §415.5 Disturbing Peace on School Grounds Questions — Los Angeles
What is PC §415.5?
PC §415.5 is the campus-property equivalent of PC §415 — it makes it a misdemeanor for a non-student, non-employee to fight, make malicious loud noise, or use fighting words on college / university grounds. Penalties escalate on repeat offenses.
Does §415.5 apply to students?
No. §415.5 expressly applies only to persons who are not registered students of the specific campus and not employees. Students are handled through §415 (if applicable) and campus-code enforcement.
Are protesters protected under the First Amendment?
Yes. The 'offensive words' prong is constitutionally limited to Chaplinsky/Cohen fighting-words — face-to-face taunts likely to provoke immediate violence. Political speech, protest chants, and offensive-but-non-inciting speech are protected.
What is the penalty for a first offense?
A first §415.5 offense carries up to a $400 fine — no jail time. A second within a year carries up to 10 days jail and $500. Subsequent offenses carry up to 90 days jail and $1,000.
Is §415.5 eligible for diversion?
Yes. §415.5 is a non-violent misdemeanor eligible for §1001.95 judicial diversion — successful completion results in dismissal.
Will §415.5 affect my student visa?
It generally does not qualify as a CIMT, but a §415.5 conviction can trigger student-visa review and campus-code discipline. Consult immigration counsel.
Can §415.5 be charged with trespass?
Yes. PC §602 trespass is a common companion when the defendant is on campus without authorization or after a campus-exclusion order.
Available 24/7 — Free Consultation
Charged with PC §415.5 on a College Campus? Call Rubin Law.
§415.5 filings during campus protest raise significant First Amendment issues, and campus-exclusion orders create parallel administrative exposure. Rubin Law, P.C. defends by asserting protected speech, litigating status, and pushing for §1001.95 diversion. Call (213) 723-2337.