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 Minnesota, rioting is addressed under Minnesota Statutes, specifically in Chapter 609 which deals with crimes against public safety. According to MN Stat § 609.71, a riot is defined as a gathering of three or more persons who are acting in a manner that can cause or present a clear and present danger of immediate damage to property or injury to persons. The statute also covers actions that substantially obstruct law enforcement or other governmental functions or services, or that are tumultuous or violent and likely to cause public alarm. The severity of the offense can range from a misdemeanor to a felony, depending on the circumstances, such as whether a dangerous weapon is involved or if bodily harm is caused. Related offenses, such as inciting a riot (MN Stat § 609.725), unlawful assembly (MN Stat § 609.705), and failing to disperse (MN Stat § 609.715), are also codified in Minnesota's penal code and carry their own specific penalties. An attorney can provide more detailed information on how these laws may apply to specific situations.