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 California, rioting and related offenses are addressed under the California Penal Code. Specifically, sections 404 and 405 define rioting as two or more persons, without legal authority, using force or violence, disturbing the peace, or threatening to use force or violence with the immediate ability to execute those threats. Participating in a riot, as well as inciting or urging others to riot, is illegal. Additionally, California law includes offenses such as unlawful assembly (Penal Code section 407), which occurs when two or more people assemble to do an unlawful act or a lawful act in a violent, boisterous, or tumultuous manner. Failing to disperse when ordered by law enforcement during a riot or unlawful assembly is also an offense under sections 409 and 416. These laws aim to protect public safety and property while balancing individuals' rights to free speech and assembly. Violations of these statutes can result in misdemeanor or felony charges, depending on the circumstances and the extent of any violence or threat to public order.