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 Virginia, rioting and related offenses are addressed under the Virginia Code, specifically in the sections dealing with crimes involving health and safety. Rioting is defined as a public disturbance involving an assembly of three or more persons acting with a common intent resulting in any of the following: damage to property, injury to persons, an imminent threat of such damage or injury, or a clear and present danger of the aforementioned. The law also covers related offenses such as unlawful assembly, which is the gathering of three or more persons with the intent to commit a riot or other unlawful act, and failing to disperse when commanded by law enforcement. Inciting a riot, which involves encouraging others to riot, is also a criminal offense. These offenses can range from misdemeanors to felonies depending on the severity of the actions and the resulting harm or danger caused. It is important for individuals to understand that participating in or inciting a riot can lead to serious legal consequences, and anyone facing such charges should consult with an attorney for legal advice specific to their situation.