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 New Hampshire, rioting and related offenses are addressed under the state's criminal code. Specifically, NH Rev Stat § 644:1 (2022) defines 'Riot' as an assembly of five or more persons conducting themselves in a tumultuous manner with the purpose of committing or facilitating the commission of a violent crime. The statute also covers actions that create a substantial risk of causing public alarm. Participating in a riot is a misdemeanor offense, but if injury or property damage occurs, participants may face felony charges. Additionally, NH Rev Stat § 644:2 (2022) outlines the offense of 'Criminal Threatening,' which can encompass threats of violence during a riot. New Hampshire law also includes provisions for 'Disorderly Conduct' under NH Rev Stat § 644:2 (2022), which can apply to individuals who cause public inconvenience, annoyance, or alarm, or recklessly create a risk thereof, by engaging in fighting or violent, tumultuous, or threatening behavior, among other actions. These statutes are designed to maintain public order and safety, and penalties can vary based on the severity of the offense and the presence of aggravating factors.