Protest Rights

What California Law Says About Unlawful Assemblies, Dispersal Orders, and Police Force at Protests

By Weston C. Rowland  ·  Civil Rights Attorney  ·  November 9, 2026  ·  Last reviewed November 9, 2026

This guide sets out, in their own words, the California statutes on unlawful assemblies and orders to disperse, Penal Code section 13652 on kinetic energy projectiles and chemical agents, the reporting requirement in Penal Code section 13652.1, and one section of the Los Angeles Police Department Manual. The full text of each source is linked under Sources.

Penal Code sections 407, 408, and 409

Section 407 reads: "Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly."

Section 408 reads: "Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor."

Section 409 reads: "Every person remaining 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, is guilty of a misdemeanor."

Penal Code sections 726 and 727

Section 726 reads: "Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff of the county and his or her deputies, the officials governing the town or city, or any of them, must go among the persons assembled, or as near to them as possible, and command them, in the name of the people of the state, immediately to disperse."

Section 727 reads: "If the persons assembled do not immediately disperse, such magistrates and officers must arrest them, and to that end may command the aid of all persons present or within the county."

Penal Code section 416

Subdivision (a) of section 416 reads: "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 officer, the persons so offending are severally guilty of a misdemeanor." Subdivisions (b) through (d) are in the full text linked under Sources.

Penal Code section 13652

Subdivision (a) reads: "Except as otherwise provided in subdivision (b), kinetic energy projectiles and chemical agents shall not be used by any law enforcement agency to disperse any assembly, protest, or demonstration."

Subdivision (b) reads: "Kinetic energy projectiles and chemical agents shall only be deployed by a peace officer that has received training on their proper use by the Commission on Peace Officer Standards and Training for crowd control if the use is objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including any peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control, and only in accordance with all of the following requirements:"

  1. "De-escalation techniques or other alternatives to force have been attempted, when objectively reasonable, and have failed."
  2. "Repeated, audible announcements are made announcing the intent to use kinetic energy projectiles and chemical agents and the type to be used, when objectively reasonable to do so. The announcements shall be made from various locations, if necessary, and delivered in multiple languages, if appropriate."
  3. "Persons are given an objectively reasonable opportunity to disperse and leave the scene."
  4. "An objectively reasonable effort has been made to identify persons engaged in violent acts and those who are not, and kinetic energy projectiles or chemical agents are targeted toward those individuals engaged in violent acts. Projectiles shall not be aimed indiscriminately into a crowd or group of persons."
  5. "Kinetic energy projectiles and chemical agents are used only with the frequency, intensity, and in a manner that is proportional to the threat and objectively reasonable."
  6. "Officers shall minimize the possible incidental impact of their use of kinetic energy projectiles and chemical agents on bystanders, medical personnel, journalists, or other unintended targets."
  7. "An objectively reasonable effort has been made to extract individuals in distress."
  8. "Medical assistance is promptly provided, if properly trained personnel are present, or procured, for injured persons, when it is reasonable and safe to do so."
  9. "Kinetic energy projectiles shall not be aimed at the head, neck, or any other vital organs."
  10. "Kinetic energy projectiles or chemical agents shall not be used by any law enforcement agency solely due to any of the following: (A) A violation of an imposed curfew. (B) A verbal threat. (C) Noncompliance with a law enforcement directive."
  11. "If the chemical agent to be deployed is tear gas, only a commanding officer at the scene of the assembly, protest, or demonstration may authorize the use of tear gas."

Subdivision (c) reads: "This section does not prevent a law enforcement agency from adopting more stringent policies."

Subdivision (d) reads: "For the purposes of this section, the following terms have the following meanings:"

  1. "'Kinetic energy projectiles' means any type of device designed as less lethal, to be launched from any device as a projectile that may cause bodily injury through the transfer of kinetic energy and blunt force trauma. For purposes of this section, the term includes, but is not limited to, items commonly referred to as rubber bullets, plastic bullets, beanbag rounds, and foam tipped plastic rounds."
  2. "'Chemical agents' means any chemical that can rapidly produce sensory irritation or disabling physical effects in humans, which disappear within a short time following termination of exposure. For purposes of this section, the term includes, but is not limited to, chloroacetophenone tear gas, commonly known as CN tear gas; 2-chlorobenzalmalononitrile gas, commonly known as CS gas; and items commonly referred to as pepper balls, pepper spray, or oleoresin capsicum."

Subdivision (e) reads: "This section does not apply within any county detention facility or any correctional facility of the Department of Corrections and Rehabilitation."

Penal Code section 13652.1

Subdivision (a) reads: "Each law enforcement agency shall, within 60 days of each incident, publish a summary on its internet website of all instances in which a peace officer employed by that agency uses a kinetic energy projectile or chemical agent, as those terms are defined in Section 13652, for crowd control. However, an agency may extend that period for another 30 days if they demonstrate just cause, but in no case longer than 90 days from the time of the incident."

Subdivision (c) reads: "The Department of Justice shall post on its internet website a compiled list linking each law enforcement agency’s reports posted pursuant to subdivision (a)."

The LAPD Department Manual

The Los Angeles Police Department posts its Department Manual on its website. Volume 1 of the Quarter 1, 2026 edition contains the section below.

Section 572, "Use of Chemical Agents." It reads: "To minimize injury to suspects, officers, and others or to avoid property damage, the use of a chemical agent, such as tear gas, may be necessary in circumstances where a serious danger to life and property exists and other methods of control or apprehension would be ineffective or more dangerous. The field commander at a police situation has the responsibility for determining the need for the use of a chemical agent and the authority to direct its deployment. In no event, however, can authorization for the use of a chemical agent be given by an officer below the rank of Sergeant or Detective. The use of a chemical agent for crowd or riot control must be authorized by an officer of the rank of Commander or higher."

Enactment and amendment record

In the official code text, the history notes read:

Related guides

The text of Penal Code section 409.7 is set out in What Penal Code 409.7 Says About Journalists Covering Protests in California. For the deadlines that apply to claims against the City of Los Angeles or Los Angeles County, see How to File a Government Claim Against the City or County of Los Angeles After Police Misconduct and What Are the Deadlines to Sue Police in California? The Six-Month Claim and the Two-Year Federal Clock.

Questions about a specific incident can be sent through the contact form.

Sources

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Not legal advice. This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws change and every situation is different — consult an attorney about your individual circumstances. Attorney advertising.