California Penal Code §402(b) — Going to Scene of Emergency / Disaster
PC §402 makes it a misdemeanor for any person to go to the scene of an emergency (fire, wreck, accident, disaster, or other calamity) — or to stop at the scene — for a purpose other than rendering assistance or protecting life or property, when the presence impedes emergency responders. Subdivision (b) applies to any peace officer, member of the fire department, or ambulance service who does so. Exposure is up to 6 months county jail and a $1,000 fine. The statute is designed to keep gawkers, sightseers, and citizen 'first responders' from interfering with legitimate emergency personnel.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Going to Scene of Emergency / Disaster Cases in All LA County Courts
01 — Quick Facts
PC §402(b) — Going to Scene of Emergency / Disaster at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §402 — Going to Scene of Emergency |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Penalty | Up to 6 months county jail + $1,000 fine |
| 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 §402(b)?
What Is California Penal Code §402(b)?
PC §402(b) Reads:
"Every person who goes to the scene of an emergency, or stops at the scene of an emergency, for a purpose other than to render assistance to an injured person or to otherwise offer assistance in the mitigation of the emergency, and who, by his or her presence at the scene, obstructs the efforts of any peace officer, firefighter, emergency medical, or other emergency personnel in the performance of their duties, is guilty of a misdemeanor."
— California Penal Code §402(a)
§402 targets sightseers, rubberneckers, and independent 'good samaritans' whose presence at fires, crashes, mass-casualty scenes, and natural-disaster zones obstructs emergency personnel. Subdivision (a) applies to the general public; subdivision (b) applies to fire, ambulance, or law-enforcement personnel operating outside their jurisdiction or assignment. The statute requires actual obstruction — mere presence at a distance does not qualify. Common LA-County fact patterns include wildfire evacuation zones, freeway-fatality scenes, and mass-casualty incidents.
Why This Law Matters
§402 filings often accompany PC §148 obstruction charges when a defendant refuses to leave an emergency scene, and §409 unlawful-assembly charges in wildfire zones. First Amendment issues arise where the defendant is a journalist — Penal Code §409.5 press-exemption analysis is critical. Rubin Law defends by attacking the obstruction element, asserting journalist protections, and litigating §1001.95 diversion.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §402(b)
The People must prove each element beyond a reasonable doubt.
Emergency Scene
Fire, wreck, accident, disaster, mass-casualty event, or similar calamity.
Defendant Went to or Stopped at the Scene
Physical presence at the scene — arrival or stopping.
Purpose Other Than Assistance
The People must show the defendant's purpose was NOT to render aid or mitigate the emergency.
Presence Obstructed Emergency Personnel
Actual obstruction of officers, firefighters, or medics is required.
04 — Penalties
Penalties for PC §402(b) Going to Scene of Emergency / Disaster in California
Penalty structure and enhancements for this offense.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §402(a) — Public | PC §402(a) | Up to 6 months county jail + $1,000 fine | Summary — up to 3 years | No |
| §402(b) — Emergency Personnel | PC §402(b) | Up to 6 months + $1,000 | Summary | No |
| Companion §148 Obstruction | PC §148 | Up to 1 year + $1,000 | Summary | No |
| Companion §409 Unlawful Assembly | PC §409 | Up to 6 months + $1,000 | Summary | No |
Related Enhancements & Charges
PC §148 Obstruction
PC §148
Refusing to leave an emergency scene typically stacks §148.
PC §409 Unlawful Assembly
PC §409
Wildfire and disaster evacuation-zone filings.
PC §409.5 Press Exemption
PC §409.5
Duly-authorized representatives of press protected — critical for journalist defendants.
Veh. Code §21706 Emergency Scene Speed
VC §21706
Related traffic infraction — slowing or interfering with responders.
Beyond the Sentence
- Companion §148 obstruction — up to 1 year additional
- Press-credential issues for journalist defendants
- Fire and law-enforcement employee discipline for §402(b) filings
- Immigration — generally not a CIMT but consult counsel
- Insurance and civil-liability exposure where the defendant caused interference-related injury
- Wildfire-zone evacuation-order companion filings
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §402(b) Going to Scene of Emergency / Disaster Charges
Rubin Law, P.C. defends this offense through the following strategies.
No Obstruction
Mere presence without actual obstruction fails the statute. The People must prove interference with emergency-personnel duties.
Obstruction Element
Assistance Purpose
First-aid, offering water, evacuation aid, or civilian-assistance intent defeats the purpose element. Purpose is judged at the moment of arrival, not later.
Purpose Element
PC §409.5 Press Exemption
Duly-authorized representatives of the press are exempt from evacuation orders and cannot be prosecuted under §402 for newsgathering.
PC §409.5
First Amendment Retaliation
Where §402 is used to suppress protest or press activity, First Amendment defenses apply — including selective-prosecution and content-based-enforcement claims.
First Amendment
Judicial Diversion (§1001.95)
§402 qualifies for §1001.95 judicial diversion — successful completion results in dismissal.
Not an Emergency Scene
Routine police activity, non-emergency call-outs, and closed post-incident scenes may fall outside §402's emergency definition.
Emergency Element
Constitutional Sources
07 — Court Process
How PC §402(b) Going to Scene of Emergency / Disaster Cases Move Through Los Angeles Courts
Typical case flow through the LA County courts.
- 1
Step 1 — Field Contact
Officer / firefighter orders the defendant to leave. Refusal or continued presence triggers arrest.
- 2
Step 2 — Booking / Filing
Cite-and-release or booking. City Attorney typically files §402 with companion §148.
- 3
Step 3 — Arraignment
Not-guilty plea and §1001.95 diversion request are standard.
- 4
Step 4 — Discovery
Body-worn camera footage, dispatch audio, and scene photos are central.
- 5
Step 5 — Motion Practice
§1001.95 diversion motions, First Amendment litigation, and §409.5 press-exemption motions.
- 6
Step 6 — Trial or Diversion
Most cases resolve through §1001.95 diversion. Trial defense focuses on obstruction and purpose elements.
Los Angeles Courts That Handle PC §402(b) Going to Scene of Emergency / Disaster Cases
Filings are venued in the courthouse serving the incident location.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Going to Scene of Emergency / Disaster Defense Attorney
Daniel S. Rubin has defended clients charged with going to scene of emergency / disaster 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 §402(b) in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Going to Scene of Emergency / Disaster Cases Throughout LA County
See our full Going to Scene of Emergency / Disaster defense practice
09 — FAQs
PC §402(b) Going to Scene of Emergency / Disaster Questions — Los Angeles
What is PC §402?
PC §402 makes it a misdemeanor to go to or stop at the scene of an emergency for a purpose other than rendering assistance, when your presence obstructs emergency personnel. Exposure is up to 6 months county jail and a $1,000 fine.
What is §402(b)?
§402(b) applies the same rule to peace officers, firefighters, and ambulance personnel who go to a scene outside their jurisdiction or assignment for a non-assistance purpose.
Is mere presence enough?
No. §402 requires actual obstruction of emergency personnel — mere presence at a distance is not enough. The People must prove interference with responder duties.
Can journalists be prosecuted under §402?
Generally no. PC §409.5 exempts duly-authorized representatives of the press from evacuation orders and emergency-zone closures — the press exemption is a full defense.
Is §402 eligible for diversion?
Yes. §402 is a non-violent misdemeanor eligible for §1001.95 judicial diversion — successful completion results in dismissal.
What if I stopped to help?
Rendering assistance defeats the purpose element. The People must prove your purpose was NOT assistance — any legitimate aid intent is a defense.
Is §402 a strike?
No. §402 is a non-serious, non-violent misdemeanor and does not qualify as a strike under the Three Strikes Law.
Available 24/7 — Free Consultation
Charged with PC §402 at an Emergency Scene? Call Rubin Law.
§402 filings frequently stack with §148 obstruction and raise First Amendment / press-exemption issues. Rubin Law, P.C. defends by attacking obstruction, asserting §409.5 press protection, and pushing for §1001.95 diversion. Call (213) 723-2337.