I came across the rap music clip that recommends to burglarize the neighbor. It goes approximately like this: "Find the neighbor of race X, because they usually aren't too careful and more trusting. Watch when they usually aren't at home. Break in, don't hesitate, take such and such items, smash the mirrors. If they happen to be home don't hesitate, shoot them otherwise they will report you..." It goes on and on. They rented the house for this clip, and demonstrated how to do this in details.

I am wondering if this is illegal in California to recommend and encourage to commit a crime? He doesn't commit an actual crime, but he encourages others, and gives specific recommendations about the methods and details. I am sure there are a lot of dumb listeners who will follow and do what he recommends.

Addition: Based on the few comments saying that this isn't a crime and is covered by the First Amendment, I would like to test how much does the First Amendment protection stretch here.

What if the clip advocated committing a mass murder, like "buy a weapon, go and shoot people like some of the mass murderers did". If he romanticizes and encourages the mass murder, is this still not a crime?

Next level: what if the clip, hypothetically, would advocate the murder of the US president? Would this still be protected under the First Amendment?

Also, can the federal hate crime laws apply, because he advocates targeting based on the specific race that he mentioned?

I am pretty sure if some serious crime like that was advocated in the lyrics, prosecutors would have worked hard and would have found some statute to charge him.

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    There is PC 31. But I doubt it would apply here - it's artistic speech, and there are First Amendment protections. How would you distinguish this from a crime novel in which a burglar plans a crime in detail? Just because it's written in the imperative mood rather than the indicative? Is a court supposed to convict someone based on their grammar? – Nate Eldredge Sep 21 '16 at 20:13
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    @NateEldredge would that be the purview of the grammar police? – sharur Sep 21 '16 at 20:26
  • What about "inciting to violence"? I found that in Ohio, for example, there is 2917.01 Inciting to violence (codes.ohio.gov/orc/2917.01v1). But I couldn't find the equivalent in CA law for some reason, except for "inciting a riot". – Grammar Addict Sep 21 '16 at 20:39
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    No, "inciting" is more immediate. It basically requires a frenzied mob, and you verbally push them over the edge. – user6726 Sep 21 '16 at 20:40

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