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 Tennessee, rioting and related offenses are addressed under the state's criminal statutes. According to Tennessee Code Annotated (T.C.A.) § 39-17-301, a riot is defined as a public disturbance involving an assemblage of three 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. Participating in a riot is a Class A misdemeanor. Additionally, inciting a riot, where a person encourages others to riot, is considered a more serious offense and is classified as a Class E felony under T.C.A. § 39-17-303. Other related offenses include unlawful assembly (T.C.A. § 39-17-302), which is a gathering that may lead to a riot and is a Class B misdemeanor, and failing to disperse (T.C.A. § 39-17-307), which occurs when a person does not leave the area of a riot or unlawful assembly after being ordered to do so by law enforcement, also a Class B misdemeanor. Disturbing the peace is another related offense that can be charged under various circumstances when an individual's actions disrupt the public tranquility.