Sample Solution

“Failure to Disperse” is defined under California Penal Code section 416 as the willful participation in a riot or disorderly conduct in public. It includes five elements, which are:

1. Unlawful assembly: gathering with two or more people who have a common purpose and threaten to commit an unlawful act (People v. Olson, 2018).

2. Willful participation: intentionally taking part in such an assembly (People v. Price, 2017).

3. Refusal to disperse: failing to leave after being commanded by law enforcement officers or other persons lawfully authorized to require the dispersal of such assemblies (Penal Code §409).

4. Knowingly aiding or encouraging others not present at the scene: assisting another person in participating without actually being present at the scene (Miller v Superior Court, 2018).

5. Causing a serious disturbance of public order likely to cause injury or damage: causing physical violence or destruction of property that interrupts the peace and tranquility of those around them (People v Davis, 2019).

All of these elements must be proven beyond a reasonable doubt in order for someone to be convicted of Failure To Disperse under PC 416. This can include providing supplies for protestors, verbally encouraging protestors from afar if police deem it as inciting illegal activity, actively participating by engaging with other individuals who are unlawfully assembling and refusing orders from law enforcement officials commanding them to disperse when spoken directly addressed towards someone who was peacefully protesting(Perez et al., 2020) .