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 Nebraska, rioting and related offenses are addressed under the Nebraska Revised Statutes. Specifically, Nebraska law defines rioting as a gathering of three or more persons which results in conduct that creates an immediate danger of damage to property or injury to persons, substantially obstructs law enforcement or other governmental functions, or is tumultuous or violent and likely to cause public alarm. The statutes also cover related offenses such as inciting a riot, unlawful assembly, failing to disperse, and disturbing the peace. Inciting a riot involves encouraging others to participate in a riot, while unlawful assembly refers to the gathering of people for the purpose of engaging in conduct that would constitute a riot. Failing to disperse occurs when individuals do not leave an area after being directed to do so by law enforcement, particularly during a riot or unlawful assembly. Disturbing the peace generally involves actions that disrupt the public order or tranquility. Penalties for these offenses can range from fines to imprisonment, depending on the severity of the conduct and the specific charges brought under Nebraska law.