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 Maryland, rioting and related offenses are covered under the Maryland Criminal Law Code. According to Maryland law, a person may not willfully participate in a riot, defined as a public disturbance involving an assemblage of three or more persons which by tumultuous and violent conduct or the threat thereof creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government functions. The law also addresses related offenses such as inciting a riot, which occurs when a person urges others to engage in rioting, and unlawful assembly, where individuals assemble with the intent to cause a disturbance that presents a clear and present danger of rioting. Failing to disperse when given an order by a law enforcement officer during a riot is also an offense. Penalties for these offenses can range from fines to imprisonment, depending on the severity of the actions and the resulting harm or potential harm to persons or property. An attorney can provide specific guidance on the application of these laws and potential defenses.