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 Kansas, rioting is addressed under the Kansas Statutes, specifically in the Kansas Criminal Code. According to K.S.A. 21-6201, a riot is defined as an assembly of six or more persons engaging in violent conduct or creating a substantial risk thereof, thereby causing or creating a clear and present danger of injury to persons or damage to property. Participating in a riot is a crime, and the severity of the charge can range from a Class A misdemeanor to a more serious felony, depending on the circumstances and the extent of the violence or damage. Related offenses include inciting to riot (K.S.A. 21-6203), unlawful assembly (K.S.A. 21-6202), and failure to disperse (K.S.A. 21-6204), each with its own specific criteria and penalties. These laws are designed to maintain public order and safety by penalizing those who engage in or encourage violent and disruptive group behavior.