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 Kentucky, rioting is addressed under the Kentucky Revised Statutes (KRS) in Chapter 525, which deals with riot, disorderly conduct, and related offenses. According to KRS 525.020, a person is guilty of riot in the first degree when he or she participates in a riot that results in physical injury to a person other than a participant, or substantial property damage. Riot in the second degree, under KRS 525.030, involves participation in a riot that does not meet the criteria for the first degree but still involves tumultuous and violent conduct. Kentucky law also includes provisions for inciting to riot (KRS 525.040), unlawful assembly (KRS 525.050), and failure to disperse (KRS 525.060). These statutes define the various levels of offenses related to rioting, ranging from misdemeanors to felonies, depending on the severity of the actions and the consequences. It is important for individuals in Kentucky to understand these laws to avoid engaging in activities that could be construed as rioting or related offenses.