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 Idaho, rioting is addressed under Idaho Code § 18-6401. The law defines a riot as an assembly of five or more persons acting together in a violent, tumultuous, or illegal manner, with the intent to commit a crime, or with the effect of immediately endangering public safety, or disturbing the peace. The statute also covers related offenses such as inciting to riot (§ 18-6403), which involves urging others to engage in a riot, and unlawful assembly (§ 18-6402), where individuals assemble for the purpose of engaging in conduct constituting a riot, though they may not yet have committed any violent acts. Penalties for participating in a riot can include imprisonment, fines, or both, and the severity of the punishment typically depends on the specific actions of the individuals involved and the consequences of the riot. It is important for individuals in Idaho to understand these laws and to be aware that even if they do not actively participate in violence, merely being part of a group with the intent to cause disruption or danger can lead to legal consequences.