Rioting or participating in a riot generally means the assembly of multiple persons resulting in conduct that (1) creates an immediate danger of damage to property or injury to persons; (2) substantially obstructs law enforcement or other governmental functions or services; (3) is tumultuous or violent and likely to cause public alarm; or (4) deprives any person of a legal right or disturbs any person in the enjoyment of a legal right by using force or the threat of force.
Rioting laws vary from state to state and some states have related offenses such as inciting a riot, unlawful assembly, failing to disperse, and disturbing the peace. These laws are generally located in a state’s statutes—often in the penal or criminal code.
In Arkansas, rioting and related offenses are addressed under the Arkansas Criminal Code. According to Arkansas Code Annotated § 5-71-201 to § 5-71-204, a person commits the offense of riot if they knowingly participate in an assembly of two or more persons, resulting in conduct that creates an immediate danger of damage to property or injury to persons, substantially obstructs law enforcement or other governmental functions, or is tumultuous or violent and likely to cause public alarm. The law also covers the offense of inciting a riot, which occurs when a person encourages others to riot. Additionally, Arkansas has statutes for unlawful assembly and failing to disperse, where individuals are prohibited from assembling for the purpose of causing a disturbance and are required to disperse when lawfully ordered to do so by a law enforcement officer. Penalties for these offenses can range from fines to imprisonment, depending on the severity of the actions and the resulting harm or potential harm to persons or property.