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 Mexico, rioting is addressed under the New Mexico Statutes Annotated (NMSA), specifically within the criminal code. According to NMSA 30-20-1, a riot involves 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 unlawful assembly, where three or more persons assemble with intent to engage in conduct constituting a riot, or fail to disperse when lawfully commanded to do so. Inciting to riot is another offense where a person encourages others to riot. These offenses can lead to various charges and penalties, including misdemeanors and felonies, depending on the severity of the actions and the resulting harm or danger caused.