People v. Anthony J.

Opinion

PARRILLI, J. Under California law, “lynching” includes not only the notorious form of lynch mob behavior that aims to take vengeance on the victim, but also any participation in riotous conduct aimed at freeing a person from the custody of a peace officer. Accordingly, we conclude that a person who takes part in a riot leading to his escape from custody can be convicted of his own lynching.

[1328]Anthony J. appeals from a dispositional order committing him to the Log Cabin Ranch School for a maximum period of eight years, six months. The juvenile court upheld allegations charging Anthony with resisting arrest, lynching, aggravated assault on an officer, assault, and petty theft. On appeal, Anthony challenges only the finding on the lynching charge, which arose from events following his arrest by police officers on a warrant for auto theft. The officers succeeded in handcuffing Anthony, though he struggled with them and repeatedly yelled for assistance to a crowd that eventually swelled to 200 or 300 people. After being handcuffed, Anthony continued his attempts to break away and his appeals for assistance from the crowd. The crowd finally charged the officers and pulled Anthony away. He fled, still handcuffed, and eluded capture.

Anthony contends the court improperly found that he aided and abetted his own lynching. He argues that the lynching statutes (Pen. Code, §§ 405a and 405b) were enacted to protect victims of lynching from harm, and therefore cannot be violated by a person who is the subject of the lynching.1

We hold that the lynching statutes clearly apply to Anthony’s conduct. Section 405a defines lynching as “[t]he taking by means of a riot of any person from the lawful custody of any peace officer.” Under section 405b, “[ejvery person who participates in any lynching is punishable . . . .” These provisions plainly include a person in custody who participates in a riot that enables him to escape.2 The case law makes it clear that a “lynching” as defined by section 405a need not involve intent to harm the person in custody, despite the commonly understood connotations of “lynching.”

In People v. Jones (1971) 19 Cal.App.3d 437 [96 Cal.Rptr. 795], the defendant was convicted of lynching for inciting a crowd to block a patrol car and free an arrested suspect from the backseat. (Id. at pp. 441-442.) The defendant argued that section 405a was unconstitutionally vague due to its deviation from the usual understanding of the term “lynching.” (19