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 Pennsylvania, rioting and related offenses are addressed under the Pennsylvania Consolidated Statutes, specifically within the crimes code. Rioting is defined under Title 18, Section 5501, and is considered a third-degree felony when three or more persons engage in tumultuous and violent conduct that creates a grave danger of damage to property or injury to persons, or substantially obstructs law enforcement or other governmental functions. Related offenses include failure to disperse (Section 5502), where individuals are required to disperse upon official order during a riot or similar emergency, and disorderly conduct (Section 5503), which can be charged when a person's actions cause public inconvenience, annoyance, or alarm. Inciting a riot (Section 5504) is also a distinct offense, which involves urging others to engage in riotous behavior. These laws are designed to maintain public order and safety, and penalties can range from fines to imprisonment, depending on the severity of the offense and the specific circumstances involved.