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 Delaware, rioting is addressed under Title 11, Crimes and Criminal Procedure, of the Delaware Code. The law defines riot as a group of three or more persons, participating in tumultuous and violent conduct that intentionally or recklessly causes or creates a risk of injury to any person or property damage. The act of rioting is considered a felony in Delaware, and the severity of the charge can range from a class F to a class D felony, depending on the circumstances, such as whether a deadly weapon was involved or if the riot resulted in serious physical injury. Related offenses include inciting to riot, which is urging others to engage in rioting, and disorderly conduct, which can encompass behavior that causes public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof. These laws are designed to maintain public order and safety by penalizing those who participate in or encourage violent and disruptive assemblies.