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 York State, rioting and related offenses are covered under the New York Penal Law. Specifically, the offense of rioting is defined under Article 240, which includes Riot in the first and second degrees (sections 240.05 and 240.06). A person is guilty of Riot in the second degree when he or she participates with four or more people in a course of disorderly conduct with the intent to commit or facilitate the commission of a crime, to prevent or coerce official action, or when the assembly is violent and tumultuous. Riot in the first degree is a more serious offense and involves the same criteria but results in injury to a person or substantial property damage. Related offenses include Inciting to Riot (section 240.08), which occurs when a person urges ten or more people to engage in tumultuous and violent conduct of a kind likely to create public alarm. Unlawful assembly (section 240.10) and Criminal Anarchy (section 240.15) are also offenses under New York law that deal with the unlawful gathering of people with the intent of breaching the peace or committing any unlawful act. Additionally, the Disruption of a Religious Service (section 240.21) and Failing to Disperse (section 240.20) are offenses that can be related to rioting activities. Penalties for these offenses vary, with more severe penalties for actions that result in injury or significant property damage.