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 South Carolina, rioting and related offenses are addressed under the South Carolina Code of Laws. Specifically, Title 16 - Crimes and Offenses, Chapter 7 - Offenses Against Public Policy, contains statutes that define and penalize rioting and related conduct. Under SC Code § 16-7-110 (2020), a 'riot' is an assembly of three or more persons acting with a common intent to assist each other against anyone who opposes them in any manner that raises an alarm or causes a disturbance. The law also covers inciting a riot (SC Code § 16-7-120), failure to disperse upon official order (SC Code § 16-7-130), and unlawful assembly (SC Code § 16-7-140). Penalties for these offenses can range from misdemeanors to felonies, depending on the severity of the actions and the resulting harm or potential harm to persons or property. It is important for individuals to understand that participating in a protest is legal, but once it turns violent or destructive, it may be classified as a riot or related offense under South Carolina law.