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 North Carolina, rioting and related offenses are addressed under the North Carolina General Statutes, specifically in Chapter 14 (Criminal Law), Article 36A (Riots and Civil Disorders). According to N.C. Gen. Stat. § 14-288.2, a riot is defined as a public disturbance involving an assembly of three or more persons which results in conduct creating an immediate danger of damage to property or injury to persons, substantial obstruction of law enforcement or other government functions, or that is tumultuous or violent and likely to cause public alarm. The statute also outlines the penalties for participating in a riot, which can range from a Class 1 misdemeanor to a Class H felony, depending on the circumstances, such as whether there was incitement, whether a weapon was used, and the extent of property damage or personal injury. Related offenses, such as inciting to riot (N.C. Gen. Stat. § 14-288.4), unlawful assembly (N.C. Gen. Stat. § 14-288.5), and failure to disperse (N.C. Gen. Stat. § 14-288.5), are also codified in the same chapter and carry their own specific penalties. It is important for individuals in North Carolina to understand these laws and the potential legal consequences of engaging in activities that could be construed as rioting or related offenses.