Section 404.6 Of Title 11. Of Crimes Against The Public Peace From California Penal Code >> Title 11. >> Part 1.
404.6
. (a) Every person who with the intent to cause a riot does an
act or engages in conduct that urges a riot, or urges others to
commit acts of force or violence, or the burning or destroying of
property, and at a time and place and under circumstances that
produce a clear and present and immediate danger of acts of force or
violence or the burning or destroying of property, is guilty of
incitement to riot.
(b) Incitement to riot is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
(c) Every person who incites any riot in the state prison or a
county jail that results in serious bodily injury, shall be punished
by either imprisonment in a county jail for not more than one year,
or imprisonment pursuant to subdivision (h) of Section 1170.
(d) The existence of any fact that would bring a person under
subdivision (c) shall be alleged in the complaint, information, or
indictment and either admitted by the defendant in open court, or
found to be true by the jury trying the issue of guilt, by the court
where guilt is established by a plea of guilty or nolo contendere, or
by trial by the court sitting without a jury.