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 Dakota, rioting is addressed under the state's penal code. According to South Dakota Codified Laws (SDCL), rioting is defined as a gathering of three or more people acting with common intent that results in conduct such as: creating an immediate danger of damage to property or injury to persons; substantially obstructing law enforcement or other governmental functions; being tumultuous or violent, potentially causing public alarm; or using force or the threat of force to deprive someone of a legal right or disturb their enjoyment of it. The specific statutes that cover these actions include SDCL 22-10-1 to 22-10-6, which outline the definitions, penalties, and related offenses such as incitement to riot, unlawful assembly, and failure to disperse. Penalties for participating in a riot can range from a misdemeanor to a felony, depending on the severity of the actions and the resulting harm or potential harm.