This bill strengthens protections for places of religious worship by expanding penalties for intentionally disrupting services. With coordinated and increasingly aggressive interference with religious gatherings occurring across California and nationwide, the bill ensures that houses of worship are treated as sacred spaces worthy of First Amendment protections. It safeguards the constitutional rights to free exercise of religion and peaceful assembly while allowing courts to impose proportionate penalties for serious or repeated disruptions.
Current law makes it a misdemeanor to intentionally disturb or disquiet an assemblage of people at a tax-exempt place of worship through profane discourse, rude or indecent behavior, or unnecessary noise. Penalties are limited to a fine of up to $1,000, up to one year in county jail, or both, regardless of the severity, duration, or coordination of the conduct.
Under U.S. law, places of worship are private property, even when open to the public for religious services. Property owners retain the right to set rules for conduct and to remove individuals who interfere with worship. The U.S. Supreme Court has held that private property does not become a public forum merely because it is open to the public. Courts applying this principle to churches have recognized that speech protected outside a church building does not automatically enjoy the same protection inside a sanctuary during worship. Laws prohibiting intentional disruptions regulate conduct, not viewpoint, and protect the constitutional rights of worshippers to freely exercise religion and assemble peacefully.
This bill creates a wobbler offense for intentional disruptions of religious worship, allowing courts to charge serious, coordinated, or repeated disturbances as a felony while preserving misdemeanor penalties for less severe conduct. Felony penalties include a fine of up to $5,000, county jail for 16 months, two years, or three years, or both. This approach recognizes the special nature of places of worship, increases deterrence, and gives courts the flexibility to impose fair punishments that protect both public safety and worshippers’ rights.