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 Michigan, rioting and related offenses are addressed under the Michigan Penal Code. Rioting is defined as a public disturbance involving an assemblage of five or more persons which results in conduct creating an immediate danger of damage to property or injury to persons, substantially obstructs law enforcement or other governmental functions, or by tumultuous or violent conduct causes or is likely to cause public alarm. Michigan law also covers related offenses such as inciting a riot, which involves prompting others to riot, and unlawful assembly, where individuals gather for the purpose of engaging in conduct constituting a riot. Failing to disperse when ordered by law enforcement 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 property, individuals, or the peaceable conduct of community affairs. Violations of these laws can result in misdemeanor or felony charges, depending on the severity of the conduct and the resulting harm or danger caused.