Anti-Riot Laws in the United States

This database catalogs federal and state anti-rioting and incitement to riot laws in the United States. While these laws vary widely, many are drafted too broadly and can include protected First Amendment activities, resulting in severe penalties for peaceful protesters, organizers, and even bystanders. Such laws can be selectively enforced and have long been used by authorities to target and punish unpopular voices.

Key Statistics:

47 states have a crime of rioting—38 by statute and 9 through the common law.
22 states have a statutory crime of incitement to riot.
3 states—Nebraska, Wisconsin, and Wyoming—do not have a crime of rioting or incitement to riot.
photo credit via unsplash jonathan harrison

To learn more about anti-rioting laws and their impact on First Amendment activity, visit our resource Five Problems with Anti-Rioting Laws and our US Freedom of Assembly page to learn more about this issue.

Last updated: March 7, 2024 (18.2 – 405), March 7, 2024 (76-9-101)

Expand/Collapse All
State
Provision(s)
Penalty
# of People Required
Incitement to Riot Offense
AlabamaAlabama
Misdemeanor
6
yes
Riot:

A person commits the crime of riot if, with five or more other persons, he wrongfully engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of public terror or alarm.

Penalty:

Class A misdemeanor: 1 year and $6,000

Incitement to Riot:

A person commits the crime of inciting to riot if he commands, solicits, incites or urges another person to engage in tumultuous and violent conduct of a kind likely to cause or create a grave risk of public terror or alarm.

Penalty:

Class A misdemeanor: 1 year and $6,000

AlaskaAlaska
Felony
6
no
Riot:

A person commits the crime of riot if, while participating with five or more others, the person engages in tumultuous and violent conduct in a public place and thereby causes, or creates a substantial risk of causing, damage to property or physical injury to a person.

Penalty:

Class C felony: 5 years and $50,000

ArizonaArizona
Felony
3
no
Riot:

A person commits riot if, with two or more other persons acting together, such person recklessly uses force or violence or threatens to use force or violence, if such threat is accompanied by immediate power of execution, which disturbs the public peace.

Penalty:

Class 5 felony: 2.5 years

Incitement to Riot:

Incitement is limited to prisoners: “A person, while in the custody of the state department of corrections or a county or city jail, who commits assault on another person with the intent to incite to riot or who participates in a riot is guilty of a class 2 felony.”

ArkansasArkansas
Misdemeanor; Felony
3
yes
Riot:

A person commits the offense of riot if, with two (2) or more other persons, he or she knowingly engages in tumultuous or violent conduct that creates a substantial risk of:

  1. Causing public alarm;
  2. Disrupting the performance of a governmental function; or
  3. Damaging or injuring property or a person.
Penalty:

Class A misdemeanor: 1 year and $2,500. Restitution for property damage or injury.

Incitement to Riot:

A person commits the offense of inciting riot if he or she knowingly:

  1. By speech or conduct urges others to participate in a riot under circumstances that produce a clear and present danger that they will participate in a riot; or
  2. Gives commands, instructions, or signals to others in furtherance of a riot.
Penalty:

Class A misdemeanor: 1 year and $2,500. Class D felony if injury to a person or damage to property results from the offense: 6 years and $10,000. Restitution for property damage or injury.

CaliforniaCalifornia
Misdemeanor
2
yes
Riot:

Any use of force or violence, disturbing the public peace, or any threat to use force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law, is a riot.

Penalty:

Misdemeanor: 1 year and $1,000.

Incitement to Riot:

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.

Penalty:

Misdemeanor: 1 year and $1,000.

ColoradoColorado
Misdemeanor; Felony
3
yes
Riot:

“Riot” means a public disturbance involving an assemblage of three or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs the performance of any governmental function.

Penalty:

Class 2 misdemeanor: 120 days and $750. Class 4 felony if the actor uses a deadly weapon, a destructive device, or anything reasonably resembling a deadly weapon, or if the actor represents verbally or otherwise that they have a deadly weapon: 6 years and $500,000.

Incitement to Riot:

A person commits inciting riot if he:

  • (a) Incites or urges a group of five or more persons to engage in a current or impending riot; or
  • (b) Gives commands, instructions, or signals to a group of five or more persons in furtherance of a riot.
Penalty:

Class 1 misdemeanor: 1 year and $1,000. Class 5 felony if injury to a person or damage to property results therefrom: 3 years and $100,000

ConnecticutConnecticut
Misdemeanor
7
yes
Riot:

1st Degree: A person is guilty of riot in the first degree when simultaneously with six or more other persons he engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing public alarm, and in the course of and as a result of such conduct, a person other than one of the participants suffers physical injury or substantial property damage occurs.

2nd Degree: A person is guilty of riot in the second degree when, simultaneously with two or more other persons, he engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing public alarm.

Penalty:

Class A misdemeanor if rioting in 1st degree: 1 year and $2,000. Class B misdemeanor if rioting in the 2nd degree: 6 months and $1,000.

Incitement to Riot:

A person is guilty of inciting to riot when he advocates, urges or organizes six or more persons to engage in tumultuous and violent conduct of a kind likely to cause public alarm.

Penalty:

Class A misdemeanor: 1 year and $2,000.

DelawareDelaware
Felony
3
no
Riot:

A person is guilty of riot when the person participates with 2 or more persons in a course of disorderly conduct:

  1. With intent to commit or facilitate the commission of a felony or misdemeanor; or
  2. With intent to prevent or coerce official action; or
  3. When the accused or any other participant to the knowledge of the accused uses or plans to use a firearm or other deadly weapon.
Penalty:

Class F felony: 3 years.

DCDC
Misdemeanor; Felony
5
yes
Riot:

A riot in the District of Columbia is a public disturbance involving an assemblage of 5 or more persons which by tumultuous and violent conduct or the threat thereof creates grave danger of damage or injury to property or persons. Whoever willfully engages in a riot in the District of Columbia shall be punished by imprisonment for not more than 180 days or a fine of not more than the amount set forth in § 22-3571.01, or both.

Penalty:

Misdemeanor: 180 days and $1,000.

Incitement to Riot:

Whoever willfully incites or urges other persons to engage in a riot shall be punished by imprisonment for not more than 180 days or a fine of not more than the amount set forth in § 22-3571.01, or both.

If in the course and as a result of a riot a person suffers serious bodily harm or there is property damage in excess of $5,000, every person who willfully incited or urged others to engage in the riot shall be punished by imprisonment for not more than 10 years or a fine of not more than the amount set forth in § 22-3571.01, or both.

Penalty:

Misdemeanor: 180 days and $1,000. Felony if in the course and as a result of a riot a person suffers serious bodily harm or there is property damage in excess of $5,000: 10 years and $25,000.

FloridaFlorida
no
GeorgiaGeorgia
Misdemeanor
2
yes
Riot:

Any two or more persons who shall do an unlawful act of violence or any other act in a violent and tumultuous manner commit the offense of riot.

Penalty:

Misdemeanor: 1 year and $1,000

Incitement to Riot:

A person who with intent to riot does an act or engages in conduct which urges, counsels, or advises others to riot, at a time and place and under circumstances which produce a clear and present danger of a riot, commits the offense of inciting to riot.

Penalty:

Misdemeanor: 1 year and $1,000.

HawaiiHawaii
Felony
6
no
Riot:

A person commits the offense of riot if the person participates with five or more other persons in a course of disorderly conduct:

  • (a) With intent to commit or facilitate the commission of a felony; or
  • (b) When the person or any other participant to the person’s knowledge uses or intends to use a firearm or other dangerous instrument in the course of the disorderly conduct.
Penalty:

Class C felony: 5 years and $10,000

IdahoIdaho
Misdemeanor; Felony
2
no
Riot:

Any action, use of force or violence, or threat thereof, disturbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two (2) or more persons acting together, and without authority of law, which results in: (a) physical injury to any person; or (b) damage or destruction to public or private property; or (c) a disturbance of the public peace;
is a riot.

Penalty:

Misdemeanor: 1 year and $5,000. Felony if there is property damage of $500 or more: 5 years and $10,000.

IllinoisIllinois
Misdemeanor; Felony
2
no
Riot:

A person commits mob action when he or she engages in any of the following:

  1. the knowing or reckless use of force or violence disturbing the public peace by 2 or more persons acting together and without authority of law;
  2. the knowing assembly of 2 or more persons with the intent to commit or facilitate the commission of a felony or misdemeanor; or
  3. the knowing assembly of 2 or more persons, without authority of law, for the purpose of doing violence to the person or property of anyone supposed to have been guilty of a violation of the law, or for the purpose of exercising correctional powers or regulative powers over any person by violence.
Penalty:

Class 4 felony if (1): 3 years and $25,000. Class C misdemeanor if (2) or (3): 30 days and $1,500. Class 4 Felony If participant in a mob action “by violence” inflicts injury to a person or property of another: 1-3 years and $25,000.

IndianaIndiana
Felony
5
no
Riot:

A person who, being a member of an unlawful assembly, recklessly, knowingly, or intentionally engages in tumultuous conduct commits rioting.

Penalty:

Class A misdemeanor: 1 year and $5,000. Level 6 felony if committed while armed with deadly weapon, if it results in serious bodily injury, or if it causes property damage of $750-$50,000: 2.5 years and $10,000. Level 5 felony if it results in catastrophic injury or death, or causes property damage of more than $50,000: 1-6 years and $10,000.

IowaIowa
Felony
3
no
Riot:

A riot is three or more persons assembled together in a violent and disturbing manner, and with any use of unlawful force or violence by them or any of them against another person, or causing property damage. A person who willingly joins in or remains part of a riot, knowing or having reasonable grounds to believe that it is such, commits a class “D” felony.

Penalty:

Class D felony: 5 years and $7,500.

KansasKansas
Misdemeanor; Felony
5
yes
Riot:

Riot is five or more persons acting together and without lawful authority engaging in any:

  1. Use of force or violence which produces a breach of the public peace; or
  2. threat to use such force or violence against any person or property if accompanied by power or apparent power of immediate execution.
Penalty:

Class A misdemeanor: 1 year and $2,500. Restitution for property damage or injury.

Incitement to Riot:

Incitement to riot is by words or conduct knowingly urging others to engage in riot as defined in subsection (a) under circumstances which produce a clear and present danger of injury to persons or property or a breach of the public peace.

Penalty:

Level 8 Felony: 17 months and $100,000.

KentuckyKentucky
Misdemeanor; Felony
5
yes
Riot:

“Riot” means a public disturbance involving an assemblage of five (5) or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function. A person is guilty of riot in the first degree when:

  1. (a) He knowingly participates in a riot; and
  2. (b) In the course of and as a result of such riot a person other than one (1) of the participants suffers physical injury or substantial property damage occurs. A person is guilty of riot in the second degree when he knowingly participates in a riot.
Penalty:

Class D felony if 1st degree: 5 years and $10,000; Class A misdemeanor if 2nd degree: 1 year and $500

Incitement to Riot:

A person is guilty of inciting to riot when he incites or urges five (5) or more persons to create or engage in a riot.

Penalty:

Class A misdemeanor: 1 year and $500.

LouisianaLouisiana
Misdemeanor; Felony
3
yes
Riot:

A riot is a public disturbance involving an assemblage of three or more persons acting together or in concert which by tumultuous and violent conduct, or the imminent threat of tumultuous and violent conduct, results in injury or damage to persons or property or creates a clear and present danger of injury or damage to persons or property.

Penalty:

Misdemeanor: 6 months and $500. Felony if the offense results in serious bodily injury or property damage of more than $5,000: 5 years hard labor. Felony if the offense results in death: 21 years hard labor.

Incitement to Riot:

Inciting to riot is the endeavor by any person to incite or procure any other person to create or participate in a riot.

Penalty:

Misdemeanor: 6 months and $500. Felony if the offense results in serious bodily injury or property damage of more than $5,000: 5 years hard labor. Felony If the offense results in death: 21 years hard labor.

MaineMaine
Misdemeanor
6
no
Riot:

A person is guilty of riot if, together with 5 or more other persons, he engages in disorderly conduct;

  • (A) With intent imminently to commit or facilitate the commission of a crime involving physical injury or property damage against persons who are not participants; or
  • Class D misdemeanor: 1 year and $2,000.Class D misdemeanor: 1 year and $2,000.(B) When he or any other participant to his knowledge uses or intends to use a firearm or other dangerous weapon in the course of the disorderly conduct.
Penalty:

Class D misdemeanor: 1 year and $2,000.

MarylandMaryland
no
MassachusettsMassachusetts
no
MichiganMichigan
Felony
5
yes
Riot:

It is unlawful and constitutes the crime of riot for 5 or more persons, acting in concert, to wrongfully engage in violent conduct and thereby intentionally or recklessly cause or create a serious risk of causing public terror or alarm.

Penalty:

Felony: 10 years and $10,000.

Incitement to Riot:

It is unlawful and constitutes incitement to riot for a person or persons, intending to cause or to aid or abet the institution or maintenance of a riot, to do an act or engage in conduct that urges other persons to commit acts of unlawful force or violence, or the unlawful burning or destroying of property, or the unlawful interference with a police officer, peace officer, fireman or a member of the Michigan national guard or any unit of the armed services officially assigned to riot duty in the lawful performance of his duty.

Penalty:

Felony: 10 years and $10,000

MinnesotaMinnesota
Misdemeanor; Felony
3
no
Riot:

When three or more persons assembled disturb the public peace by an intentional act or threat of unlawful force or violence to person or property.

Penalty:

Misdemeanor: 1 year and $1,000. Felony if armed with a dangerous weapon or knowing another participant is armed with a dangerous weapon: 5 years and $10,000. Felony if death results: 20 years and $35,000.

MississippiMississippi
no
MissouriMissouri
Misdemeanor
7
no
Riot:

A person commits the offense of rioting if he or she knowingly assembles with six or more other persons and agrees with such persons to violate any of the criminal laws of this state or of the United States with force or violence, and thereafter, while still so assembled, does violate any of said laws with force or violence.

Penalty:

Class A Misdemeanor: 1 year and $2,000

MontanaMontana
Misdemeanor
5
yes
Riot:

A person commits the offense of riot if the person purposely and knowingly disturbs the peace by engaging in an act of violence or threat to commit an act of violence as part of an assemblage of five or more persons and the act or threat presents a clear and present danger of or results in damage to property or injury to persons.

Penalty:

Misdemeanor: 6 months in jail and $500

Incitement to Riot:

A person commits the offense of incitement to riot if the person purposely and knowingly commits an act or engages in conduct that urges other persons to riot. The act or conduct may not include the mere oral or written advocacy of ideas or expression of belief that does not urge the commission of an act of immediate violence.

Penalty:

Misdemeanor: 6 months in jail and a $500 fine.

NebraskaNebraska
no
NevadaNevada
Misdemeanor
2
yes
Riot:

If two or more persons shall actually do an unlawful act of violence, either with or without a common cause of quarrel or even do a lawful act, in a violent, tumultuous and illegal manner, they commit a riot, and are guilty of a misdemeanor.

Penalty:

Misdemeanor: 6 months and $1,000

Incitement to Riot:

Every person who shall by word, sign or gesture willfully provoke, or attempt to provoke, another person to commit a breach of the peace shall be guilty of a misdemeanor.

Penalty:

Misdemeanor: 6 months and $1,000

New HampshireNew Hampshire
Misdemeanor; Felony
3
no
Riot:

A person is guilty of riot if:

  • (a) Simultaneously with 2 or more other persons, he engages in tumultuous or violent conduct and thereby purposely or recklessly creates a substantial risk of causing public alarm; or
  • (b) He assembles with 2 or more other persons with the purpose of engaging soon thereafter in tumultuous or violent conduct, believing that 2 or more other persons in the assembly have the same purpose; or
  • (c) He assembles with 2 or more other persons with the purpose of committing an offense against the person or property of another whom he supposes to be guilty of a violation of the law, believing that 2 or more other persons in the assembly have the same purpose.

II. Any person who refuses to comply with a lawful order to withdraw given to him immediately prior to, during, or immediately following a violation of paragraph I is guilty of riot. It is no defense to liability under this paragraph that withdrawal must take place over private property; provided, however, that no person so withdrawing shall incur criminal or civil liability by virtue of acts reasonably necessary to accomplish the withdrawal.

Penalty:

Misdemeanor: 1 year and $2,000. Felony if any person suffers physical injury, or substantial property damage or arson occurs, or the defendant was armed with a deadly weapon, or knowingly propels any object or substance of any kind at any uniformed law enforcement officer or emergency responder, regardless of whether such object actually strikes the uniformed law enforcement officer or emergency responder: 7 years and $4,000. Felony if the defendent was armed with a firearm: 20 years.

New JerseyNew Jersey
Felony
2
no
Riot:

A person is guilty of riot if he participates with four or more others in a course of disorderly conduct as defined in section 2C:33-2a:

  1. With purpose to commit or facilitate the commission of a crime;
  2. With purpose to prevent or coerce official action; or
  3. When he or any other participant, known to him, uses or plans to use a firearm or other deadly weapon.
Penalty:

Felony: 18 months and $10,000. Felony if the participant or any other participant known to him uses a firearm: 5 years and $15,000

New MexicoNew Mexico
no
New YorkNew York
Misdemeanor; Felony
5
yes
Riot:

1st degree: A person is guilty of riot in the first degree when he simultaneously with ten or more other persons, engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing public alarm, and in the course of and as a result of such conduct, a person other than one of the participants suffers physical injury or substantial property damage occurs.

2nd degree: A person is guilty of riot in the second degree when, simultaneously with four or more other persons, he engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing public alarm.

Penalty:

Second Degree: Class A Misdemeanor: 1 year and $1,000. First degree: Class E Felony: 4 years and $5,000.

Incitement to Riot:

A person is guilty of inciting to riot when he urges ten or more persons to engage in to create public alarm.

Penalty:

Class A misdemeanor: 1 year in jail and $1,000

North CarolinaNorth Carolina
Misdemeanor; Felony
3
yes
Riot:

Willfully engaging in “a public disturbance involving an assemblage of three or more persons which by disorderly and violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or damage to persons or property or creates a clear and present danger of injury or damage to persons or property.”

Penalty:

Class 1 Misdemeanor: 120 days and fine at court’s discretion. Class H Felony if person brandishes a dangerous weapon or substance: 39 months. Class F Felony if person causes over $2,500 in damage or serious bodily injury: 59 months. Class E Felony if person causes death: 88 months.

Incitement to Riot:

Any person who willfully incites another to engage in a riot, and that inciting results in a riot or is directly and imminently likely to produce a riot

Penalty:

Class A1 Misdemeanor: 150 days and fine at judge’s discretion. Class E Felony if the riot causes over $2,500 damage or serious bodily injury: 88 months. Class D felony if the riot causes death: 204 months.

North DakotaNorth Dakota
Misdemeanor; Felony
5
yes
Riot:

If engages in a public disturbance involving an assemblage of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function…..Mere presence at a riot is not an offense under this section.

Penalty:

Class A Misdemeanor: 1 year and $3,000

Incitement to Riot:

A person is guilty of an offense if he: a. Incites or urges five or more persons to create or engage in a riot; or b. Gives commands, instructions, or directions to five or more persons in furtherance of a riot.

Penalty:

Class C Felony: 5 years and $5,000. Class B Felony if riot involves 100 or more persons: 10 years and $20,000.

OhioOhio
Misdemeanor
5
yes
Riot:

(A) No person shall participate with four or more others in a course of disorderly conduct in violation of section 2917.11 of the Revised Code [disorderly conduct]:

  1. With purpose to commit or facilitate the commission of a misdemeanor, other than disorderly conduct;
  2. With purpose to intimidate a public official or employee into taking or refraining from official action, or with purpose to hinder, impede, or obstruct a function of government;
  3. With purpose to hinder, impede, or obstruct the orderly process of administration or instruction at an educational institution, or to interfere with or disrupt lawful activities carried on at such institution.

(B) No person shall participate with four or more others with purpose to do an act with unlawful force or violence, even though such act might otherwise be lawful.

Penalty:

1st Degree Misdemeanor: 6 months or $1,000

Incitement to Riot:

(A) No person shall knowingly engage in conduct designed to urge or incite another to commit any offense of violence, when either of the following apply:

  1. The conduct takes place under circumstances that create a clear and present danger that any offense of violence will be committed;
  2. The conduct proximately results in the commission of any offense of violence.
Penalty:

1st Degree Misdemeanor: 6 months or $1,000

OklahomaOklahoma
Misdemeanor; Felony
3
yes
Riot:

Any use of force or violence, or any threat to use force or violence if accompanied by immediate power of execution, by three or more persons acting together and without authority of law, is riot.

Penalty:

Misdemeanor: 1 year and $500. Felony if the purpose of the riotous assembly was to resist the execution of any statute of this state or of the United States, or to obstruct any public officer of this state or of the United States, in the performance of any legal duty, or in executing any legal process, or if the person carried a firearm, or other deadly or dangerous weapon, or was disguised: 10 years. Felony if a person directed, advised, encouraged or solicited other persons who participated in the riot to acts of force or violence: 20 years. Felony if any murder, maiming, robbery, rape or arson was committed in the course of such riot: a defendant is punishable in the same manner as a principal in such crime.

Incitement to Riot:

It shall be unlawful and shall constitute incitement to riot for a person or persons, intending to cause, aid, or abet the institution or maintenance of a riot, to do an act or engage in conduct that urges other persons to commit acts of unlawful force or violence, or the unlawful burning or destroying of property, or the unlawful interference with a police officer, peace officer, fireman or a member of the Oklahoma National Guard or any unit of the armed services officially assigned to riot duty in the lawful performance of his duty.

Penalty:

Felony: 10 years and $10,000

OregonOregon
Felony
6
no
Riot:

A person commits the crime of riot if while participating with five or more other persons the person engages in tumultuous and violent conduct and thereby intentionally or recklessly creates a grave risk of causing public alarm.

Penalty:

Class C Felony: 5 years and $125,000.

PennsylvaniaPennsylvania
Felony
3
no
Riot:

A person is guilty of riot, a felony of the third degree, if he participates with two or more others in a course of disorderly conduct:

  1. with intent to commit or facilitate the commission of a felony or misdemeanor;
  2. with intent to prevent or coerce official action; or
  3. when the actor or any other participant to the knowledge of the actor uses or plans to use a firearm or other deadly weapon.
Penalty:

3rd Degree Felony: 7 years and $15,000.

Rhode IslandRhode Island
no
South CarolinaSouth Carolina
no
South DakotaSouth Dakota
Felony
3
yes
Riot:

Any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property is riot.

Penalty:

Class 4 Felony: 10 years and $20,000. Class 3 Felony if carrying a dangerous weapon while participating in a riot: 15 years and $30,000

Incitement to Riot:

Any person who, with the intent to cause a riot, commits an act or engages in conduct that urges three or more people, acting together and without authority of law, to use force or violence to cause any injury to any person or any damage to property, under circumstances in which the force or violence is imminent and the urging is likely to incite or produce the use of force or violence, incites riot. For the purposes of this chapter, urging includes instigating, inciting, or directing, but does not include the oral or written advocacy of ideas or expression of belief that does not urge the commission of an act or conduct of imminent force or violence. This section may not be construed to prevent the peaceable assembly of persons for lawful purposes of protest or petition.

Penalty:

Class 5 Felony: 5 years and $10,000.

TennesseeTennessee
Misdemeanor; Felony
3
yes
Riot:

“Knowingly participates” in “a disturbance in a public place or penal institution as defined in § 39-16-601 involving an assemblage of three (3) or more persons whether or not participating in any otherwise lawful activity, which, by tumultuous and violent conduct, creates grave danger of substantial damage to property or serious bodily injury to persons or substantially obstructs law enforcement or other governmental function”

Penalty:

Class A Misdemeanor: 1 year and $2,500 plus restitution for any property damage or loss. Class E Felony if a person suffers bodily injury or substantial property damage occurs: 6 years and $3,000 plus restitution for damage or loss.

Incitement to Riot:

A person commits an offense who incites or urges three (3) or more persons to create or engage in a riot

Penalty:

Class A Misdemeanor: 1 year and $2,500, plus restitution for damage or loss.

TexasTexas
Misdemeanor; Felony
7
no
Riot:

For the purpose of this section, “riot” means the assemblage of seven or more persons resulting in conduct which:

(1) creates an immediate danger of damage to property or injury to persons;

(2) substantially obstructs law enforcement or other governmental functions or services; or

(3) by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.

(b) A person commits an offense if he knowingly participates in a riot.

(c) It is a defense to prosecution under this section that the assembly was at first lawful and when one of those assembled manifested an intent to engage in conduct enumerated in Subsection (a), the actor retired from the assembly.

Penalty:

Class B Misdemeanor: 180 days and $2,000. Class A Misdemeanor or Felony if anyone engaged in the riot commits a Class A Misdemeanor or Felony offense that was: (1) in the furtherance of the purpose of the assembly; or (2) an offense which should have been anticipated as a result of the assembly.

UtahUtah
3
no
Riot:

(1) An individual is guilty of riot if the individual:
(a) simultaneously with two or more other individuals engages in violent conduct, knowingly or recklessly creating a substantial risk of causing public alarm;
(b) assembles with two or more other individuals with the purpose of engaging, soon thereafter, in violent conduct, knowing, that two or more other individuals in the assembly have the same purpose; or
(c) assembles with two or more other individuals with the purpose of committing an offense against a person, or the property of another person who the individual supposes to be guilty of a violation of law, believing that two or more other individuals in the assembly have the same purpose.
(2) Any individual who refuses to comply with a lawful order to withdraw prior to, during, or immediately following a violation of Subsection (1) is guilty of riot. It is no defense to a prosecution under this Subsection (2) that withdrawal must take place over private property; provided, however, that an individual who withdraws in compliance with an order to withdraw may not incur criminal or civil liability by virtue of acts reasonably necessary to accomplish the withdrawal.

Penalty:

Class B misdemeanor: 6 months and $1,000. 3rd Degree Felony if person causes substantial bodily injury or property damage, arson, or possesess dangerous weapon: 5 years and $5,000.

VermontVermont
no
VirginiaVirginia
3
yes
Riot:

Any unlawful use, by three or more persons acting together, of force or violence which seriously jeopardizes the public safety, peace or order is riot.

Every person convicted of participating in any riot shall be guilty of a Class 1 misdemeanor.

Penalty:

Class 1 Misdemeanor: 1 year and $2,500. Class 5 Felony if carrying a dangerous weapon at the time of riot: 10 years and $2,000.

Incitement to Riot:

Any person who conspires with others to cause or produce a riot, or directs, incites, or solicits other persons who participate in a riot to acts of force or violence

Penalty:

Class 5 Felony: 10 years and $2,000

WashingtonWashington
Misdemeanor; Felony
4
no
Riot:

A person is guilty of the crime of riot if, acting with three or more other persons, he or she knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such force, against any other person or against property.

Penalty:

Gross misdemeanor: 1 year and $5,000. Class C Felony if person carried a deadly weapon: 5 years and $10,000.

West VirginiaWest Virginia
no
WisconsinWisconsin
no
WyomingWyoming
no
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Methodology: This database does not include crimes of rioting that only pertain to correctional facilities.