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 Jersey, rioting and related offenses are covered under the New Jersey Code of Criminal Justice. Specifically, N.J.S.A. 2C:33-1 outlines the offense of riot, which is defined as a gathering of three or more persons with the purpose to commit a violent act or a threat to commit such an act, which results in a clear and present danger of damage to property or injury to persons. The statute also covers the failure to disperse when participants are ordered to do so by law enforcement. Rioting is typically classified as a fourth-degree crime, but can be elevated to a third-degree crime if a participant is armed with a deadly weapon. Related offenses, such as inciting a riot, may also be charged under this statute or related provisions, depending on the specific actions and intent of the individuals involved. It is important for individuals to understand that participating in or inciting a riot can lead to serious legal consequences, and anyone facing such charges should consult with an attorney for legal advice specific to their situation.