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Disturbing Religious Meetings; Penalties
California Penal Code § 302
California Penal Code § 302
(2007) |
(a) 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
that fine and imprisonment.
(b) A court may require performance of community service of not
less than 50 hours and not exceeding 80 hours as an alternative
to imprisonment or a fine.
(c) In addition to the penalty set forth in subdivision (a), a
person who has suffered a previous conviction of a violation of
this section or Section 403, shall be required to perform
community service of not less than 120 hours and not exceeding
160 hours.
(d) The existence of any fact which would bring a person under
subdivision (c) or (d) shall be alleged in the complaint,
information, or indictment and either: |
(1) Admitted by the defendant
in open court.
(2) Found to be true by a jury trying the issue of guilt.
(3) Found to be true by the court where guilt is established
by a plea of guilty or nolo contendere.
(4) Found to be true by trial by the court sitting without a
jury.
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(e) Upon conviction
of any person under this section for disturbances of religious
worship, the court may, in accordance with the performance of
community service imposed under this section, consistent with
public safety interests and with the victim's consent, order the
defendant to perform a portion of, or all of, the required
community service at the place where the disturbance of
religious worship occurred.
(f) The court may waive the mandatory minimum requirements for
community service whenever it is in the interest of justice to
do so. When a waiver is granted, the court shall state on the
record all reasons supporting the waiver.
END OF STATUTE |
| RELATED CASES |
People v.
Cruz
Defendants were convicted of willful disturbance of a
religious assemblage due to their rude behavior and
unnecessary noise, a violation of Cal. Penal Code § 302 as well as being
found guilty of other related crimes. On appeal, defendants
claimed Penal Code § 302 was unconstitutionally vague. The
appeals court upheld the convictions, holding that § 302 was
not unconstitutionally vague because defendants were on
notice that their conduct in beating on the doors of a
crowded church with poles, shoes, and receptacles while mass
was being conducted, screaming, hollering, and causing the
breaking of glass in forcing the doors, knocking down an
usher, wrestling in the vestibule, including hitting a
security guard with a bottle, bursting through the locked
doors of the chapel between the priest and the congregation
while the gospel was being read, drowning out part of the
mass, and assaulting churchgoers, would constitute "rude
behavior" and "unnecessary noise" within the statute.
People
v. Cruz (1972) 25 Cal. App. 3d Supp. 1. |
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Church of
Christ in Hollywood v. Lady Cage-Barile
Appeals court directed trial court to issue a
restraining order against disgruntled former church member
whose membership was terminated because of the way in which
she harassed church leadership and members because she
disagreed with doctrinal issues, including allowing divorced
or remarried persons to serve in ministry positions. Her
prolonged misconduct included repeatedly shouting and
calling the pastor and members names such as devil
worshipers, disrupting worship services, tearing down fliers
from bulletin boards, which resulted in the pastor suffering
emotional distress. Church of Christ in Hollywood v. Lady
Cage-Barile (2002) 99 Cal. App. 4th 1244. Also see
discussion of case on this website, Ministry Legal Update:
The Case of the Belligerent Church Member. |
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