415 PC Explained: California Disturbing the Peace Law

California Penal Code section 415 punishes three kinds of conduct: fighting or challenging someone to fight in a public place, maliciously and willfully disturbing another person with loud and unreasonable noise, and using offensive words in a public place that are inherently likely to provoke an immediate violent reaction. The official jury instructions call all three "disturbing the peace."

This page goes through the three subdivisions, what the prosecution has to prove for each, the penalty the section sets, and how a 415 charge can be handled as an infraction. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What 415 PC says

The section is short enough to quote in full:

"Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine: (1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight. (2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise. (3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction."

Subdivisions (1) and (3) require a public place. Subdivision (2) does not mention one; it turns on disturbing another person.

What the prosecution has to prove

The Judicial Council of California publishes a separate official jury instruction (CALCRIM, 2026 edition) for each subdivision. Each also covers the school and campus version in section 415.5.

415(1): fighting or challenging someone to fight

Under CALCRIM No. 2688, "Disturbing the Peace: Fighting or Challenging Someone to Fight," the prosecution must prove that:

1. The defendant willfully (and, where the instruction's bracketed word is given, unlawfully) fought or challenged someone else to fight.
2. The defendant and the other person were in a public place when the fight occurred or the challenge was made.

When self-defense or defense of another is at issue, a further element requires proof that the defendant did not act in self-defense or in defense of someone else. California's self-defense rules are covered in California self-defense laws.

415(2): loud and unreasonable noise

Under CALCRIM No. 2689, "Disturbing the Peace: Loud and Unreasonable Noise," the prosecution must prove that the defendant "maliciously and willfully disturbed another person by causing loud and unreasonable noise."

The instruction explains that someone acts maliciously "when he or she intentionally does a wrongful act or when he or she acts with the unlawful intent to annoy or injure someone else." It then limits what counts:

"In order to disturb another person by causing loud and unreasonable noise, there must be either:

1. A clear and present danger of immediate violence; OR
2. The noise must be used for the purpose of disrupting lawful activities, rather than as a means to communicate."

It adds: "The People do not have to prove that the defendant intended to provoke a violent response."

415(3): offensive words

Under CALCRIM No. 2690, "Disturbing the Peace: Offensive Words," the prosecution must prove that:

1. The defendant used offensive words that were inherently likely to provoke an immediate violent reaction.
2. When the defendant used those words, the defendant was in a public place.

The instruction defines that standard. Words qualify only if the speaker "says something that is reasonably likely to provoke someone else to react violently" and, when the statement is made, "there is a clear and present danger that the other person will immediately erupt into violence." Jurors are told to "consider all the circumstances in which the statement was made and the person to whom the statement was addressed."

The prosecution does not have to prove the defendant intended to provoke a violent response. The instruction also includes an optional defense: the defendant is not guilty if they "reasonably and actually believed that the language (he/she) used was not inherently likely to provoke an immediate violent reaction," and the prosecution must prove beyond a reasonable doubt that the defendant did not hold that belief.

Penalties under 415 PC

Section 415 sets one range for all three subdivisions: county jail for not more than 90 days, a fine of not more than $400, or both.

The section does not call the offense a misdemeanor. Penal Code section 17(a) supplies the classification:

"A felony is a crime that is punishable with death, by imprisonment in the state prison, or, notwithstanding any other law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions."

A 415 violation is punishable only by county jail and a fine, so it falls outside the felony definition.

When 415 can be an infraction

Penal Code section 19.8(a)(1)(A) lists section 415 among the offenses "subject to subdivision (d) of Section 17." Under section 17(d), such an offense is an infraction in either of two cases:

1. The prosecutor files a complaint charging it as an infraction, unless the defendant, at arraignment and after being informed of their rights, elects to have the case proceed as a misdemeanor.
2. The court, with the defendant's consent, determines that the offense is an infraction.

Under section 19.8(a)(2), a violation that is an infraction is punishable by a fine of not more than $250, except where a lesser maximum fine is expressly provided. Section 19.8(c) adds that a conviction for an offense made an infraction under section 17(d) is not grounds for suspending, revoking, or denying a license, or for revoking probation or parole, with exceptions for certain Vehicle Code violations.

Related sections

• Penal Code section 415.5 (schools and campuses). Covers the same three kinds of conduct within any building or on the grounds of a school, community college, university, or state university, as a misdemeanor punishable by a fine up to $400, county jail up to 90 days, or both. Under 415.5(b) and (c), the mandatory minimums apply only to prior convictions of section 415.5 itself or of an offense defined in Chapter 1 of Title 15 of Part 1 of the Penal Code (the chapter beginning at section 626): one such prior means county jail for 10 days to six months, two or more mean 90 days to six months, a fine up to $1,000 can be added to the jail term in either case, and release on probation, parole, or any other basis is barred until the minimum has been served. Under 415.5(f), it does not apply to a registered student of the school or to a person engaged in otherwise lawful employee concerted activity. Official text.
• Penal Code sections 17 and 19.8. Classification and the infraction option described above. Section 17, section 19.8.
• Penal Code section 422 (criminal threats). Willfully threatening to commit a crime that would result in death or great bodily injury is a separate offense under section 422; see our PC 422 explainer.
• Penal Code section 242 (battery). See our PC 242 explainer.

The official history note for section 415 reads: "Amended by Stats. 1983, Ch. 1092, Sec. 283. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092."

Other statute explainers are collected in our statutes library.

What happens after an arrest for 415 PC

A "415" on a booking record is the arresting agency's charge. The prosecutor decides whether to file a charge, under which subdivision, and whether to file it as a misdemeanor or an infraction. The first court appearance, the arraignment, is where the filed charge is read.

Our California charge code lookup explains other booking codes, What Happens After You Get Arrested walks through booking, release, and arraignment, and California disorderly conduct laws covers related public-order offenses.

Disclaimer

This page explains what California Penal Code section 415 and the related sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and it does not create an attorney-client relationship. How a 415 charge is filed, as a misdemeanor or an infraction, depends on the prosecutor and the court, so anyone facing one should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

Is 415 PC a misdemeanor or an infraction?

It can be either. Section 415 is punishable by county jail up to 90 days, a fine up to $400, or both, which makes it a misdemeanor under Penal Code section 17(a). Section 19.8 also lists section 415 among the offenses that become infractions under section 17(d) when the prosecutor files it that way and the defendant does not elect a misdemeanor, or when the court determines it is an infraction with the defendant’s consent.

What is the punishment for 415 PC?

County jail for not more than 90 days, a fine of not more than $400, or both. If the offense is handled as an infraction, section 19.8 sets the fine at not more than $250.

What is 415(1) PC?

Unlawfully fighting in a public place, or challenging another person in a public place to fight.

What is 415(2) PC?

Maliciously and willfully disturbing another person by loud and unreasonable noise. CALCRIM No. 2689 requires either a clear and present danger of immediate violence, or noise used to disrupt lawful activities rather than to communicate.

What is 415(3) PC?

Using offensive words in a public place that are inherently likely to provoke an immediate violent reaction. Under CALCRIM No. 2690, the words must be reasonably likely to provoke a violent reaction, and there must be a clear and present danger that the listener will immediately erupt into violence.

Does 415 apply at schools?

The same conduct on the grounds of or within a school, community college, university, or state university is covered by section 415.5, which carries mandatory minimum jail time for people with prior convictions of section 415.5 or of offenses in the Penal Code chapter beginning at section 626. It does not apply to registered students of the school or to people engaged in otherwise lawful employee concerted activity.