Penal Code § 169 PC – Picketing Outside a Courthouse

California Penal Code § 169 PC makes it a crime to picket or parade near a courthouse with the intent either

1. to interfere with or obstruct the administration of justice or
2. to influence any judge, juror, witness, or officer of the court.

The language of the statute reads that:

169. Any person who pickets or parades in or near a building which houses a court of this state with the intent to interfere with, obstruct, or impede the administration of justice or with the intent to influence any judge, juror, witness, or officer of the court in the discharge of his duty is guilty of a misdemeanor.

Examples

• During her brother’s jury trial, Kendra pickets outside the courthouse with a huge banner saying she will pay the judge a million dollars if he dismisses his murder charge, under Penal Code 187.
• Sarah parades outside a courtroom, that is hearing a horrific DUI with injury case, with large signs promoting Mothers Against Drunk Driving, or MADD.
• While hoping for his wife’s acquittal, in an assault case per Penal Code 240, Simon stands outside the courthouse with a sign asking the jurors to have mercy on her.

Luckily, there are several legal defenses that a person can raise if accused of picketing or parading in or near a courthouse. These include showing that an accused:

• had no intent of wrongdoing;
• was conducting a peaceful protest; and/or,
• was arrested without probable cause.

Penalties

A violation of this section is charged as a misdemeanor (as opposed to a California felony or an infraction). The crime is punishable by:

• imprisonment in the county jail for not more than six months; and/or,
• a maximum fine of $1,000.

Our California criminal defense attorneys will explain the following in this article:

• 1. Is it a crime to picket or parade in or near a courthouse?
• 2. What are the legal defenses?
  • 2.1 No intent
  • 2.2 Peaceful protest
  • 2.3 No probable cause
• 3. What are the penalties under Penal Code 169 PC?
• 4. Related offenses
  • 4.1 Lynching – PC 405
  • 4.2 Failure to disperse – PC 409 and 416
  • 4.3 Rioting – PC 404

1. Is it a crime to picket or parade in or near a courthouse?

Under California Penal Code 169 PC, it is a crime for a person to picket or parade in or near a courthouse with the intent to either:

• interfere with or obstruct the administration of justice; or,
• influence any judge, juror, witness, or officer of the court.¹

A judge or jury will determine whether a defendant had such intent by examining all of the facts in a given case.

Please note that this section does not penalize, or make it a crime, for a person peacefully to protest outside a courthouse.

2. What are the best legal defenses?

A person accused under PC 169 can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed. Please note, though, that it is critical for an accused to hire an attorney to get the most effective defense.

Three common defenses are:

1. no intent;
2. peaceful protest; and/or,
3. no probable cause.

2.1. No intent

Recall that a defendant is only guilty under Penal Code 169 if he has an intent to either:

• interfere with or obstruct the administration of justice; or,
• influence any judge, juror, witness, or officer of the court.

Therefore, it is a solid defense for an accused to fight a charge by showing that he did not have this requisite intent.

2.2. Peaceful protest

Similar to the defense in 2.1 above, an accused can challenge a charge by showing that his behavior was a simple protest as opposed to unlawful picketing or parade. Peaceful protests are not against the law. The defendant would want to highlight those facts that show a protest vs. illegal picketing.

2.3. No probable cause

The Fourth Amendment to the U.S. Constitution says that police must have probable cause before they can detain or arrest a suspect of a crime.

If a person was stopped or arrested, and there was no probable cause to do so, then any evidence obtained following the improper stop/arrest could get excluded from the case. This exclusion could result in the dismissal of, or reduction in, charges.

“Probable cause” essentially means that there is a reasonable belief that someone committed a crime (based on all of the circumstances).

3. What are the penalties under Penal Code 169 PC?

A violation of PC 169 is charged as a misdemeanor. The crime is punishable by:

• imprisonment in the county jail for not more than six months; and/or,
• a maximum fine of $1,000.²

Please note that in lieu of jail time a judge may order a defendant to misdemeanor probation. This is also called “summary” or “informal” probation.

4. Related Offenses

There are three crimes related to picketing or parading in or near a courthouse. These are:

1. lynching – PC 405a;
2. failure to disperse – PC 409 and 416; and,
3. rioting – PC 404.

4.1. Lynching – PC 405a

California Penal Code 405a makes it a crime to free a person from police custody by means of rioting. “Lynching” refers to a situation where rioters force a detainee from police custody.

Under PC 405a, “the taking by means of a riot of any person from the lawful custody of any peace officer is a lynching.”³

A violation of Penal Code 405a is charged as a felony. The crime is punishable by imprisonment in a California state prison for:

• two years,
• three years, or
• four years.⁴

4.2. Failure to disperse – PC 409 and 416

Failure to disperse is a crime under both California Penal Code 409 and Penal Code 416.

Penal Code 409 PC makes it a misdemeanor to remain “present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same.”⁵

Penal Code 416 PC makes it a misdemeanor “if two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public office.”⁶

As misdemeanor offenses, violations of either PC 409 or PC 416 are punishable by:

• a maximum sentence of six months in county jail; and/or,
• a maximum fine of $1,000.⁷

4.3. Rioting – PC 404

Rioting is a crime in California under Penal Code 404.

The crime of “rioting” or “participating in a riot” occurs when two or more people act together to do any of the following without authority of law:

1. use force or violence;
2. disturb the public peace; or
3. threaten to use force or violence with immediate power to execute that threat.⁸

Participating in a riot is a California misdemeanor.⁹

The potential penalties include:

• up to one year in county jail; and/or,
• a fine of up to $1,000.¹⁰

---

Legal References: