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 Colorado, rioting and related offenses are addressed under the Colorado Revised Statutes. Rioting is defined under CRS 18-9-1 as 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 law enforcement or other government functions. The statute also covers inciting to riot, which involves urging a group of five or more persons to engage in a riot. Additionally, Colorado law addresses the offense of engaging in a riot, which is a class 4 felony if it involves the use of a deadly weapon or results in property damage or injury, and a class 2 misdemeanor if it does not involve a deadly weapon and does not result in property damage or injury. Related offenses such as failure to disperse and disobedience of public safety orders under riot conditions are also codified, with varying degrees of penalties based on the specific circumstances and actions of the individuals involved. An attorney can provide more detailed information on how these laws may apply to specific situations.