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 Hawaii, rioting is addressed under Hawaii Revised Statutes Section 711-1101, which defines a riot as a public disturbance involving an assemblage of three or more persons which by tumultuous and violent conduct or the threat thereof creates a clear and present danger of damage to property or injury to persons, or substantially obstructs any law or governmental function. The law also covers related offenses such as inciting a riot, which is when a person urges others to engage in riotous behavior, and unlawful assembly, where individuals gather with the intent to commit a riot or other unlawful acts. Failing to disperse when commanded by a law enforcement officer during a riot or unlawful assembly is also an offense. These laws are designed to maintain public order and safety by penalizing behavior that threatens to escalate into violence or significantly disrupts community peace and legal rights.