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 Dakota, rioting is addressed under the North Dakota Century Code (NDCC) Section 12.1-25-01. According to this statute, an individual is guilty of rioting if they engage in a riot, which is defined as a public disturbance involving an assemblage of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons, or substantially obstructs law enforcement or other government functions. The law also covers related offenses such as disobedience of public safety orders under riot conditions (NDCC 12.1-25-02) and inciting a riot (NDCC 12.1-25-03). Rioting is classified as a Class B misdemeanor unless the conduct causes injury to a person or substantial property damage, in which case it can be elevated to a Class C felony. Inciting a riot is a more serious offense and can be classified as a Class C felony if the riot involves violence or a threat of violence. North Dakota law also includes provisions for unlawful assembly (NDCC 12.1-25-04), which is a lesser offense than rioting and is defined as an assembly of five or more persons for the purpose of engaging in conduct constituting a riot, or which causes a disturbance of public order. These statutes are designed to protect public safety and property while balancing individuals' rights to free speech and assembly.