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 Wisconsin, rioting and related offenses are addressed under the state's statutes, specifically in the penal or criminal code. Wisconsin Statute § 947.06 defines 'unlawful assembly' as an assembly of three or more persons who gather for the purpose of committing an unlawful act, or to carry out a lawful act in a violent, boisterous, or tumultuous manner, thereby causing a clear and present danger of damage to property or injury to persons. The statute also covers 'failure to disperse,' requiring individuals to disperse if ordered by law enforcement when part of an unlawful assembly. Additionally, Wisconsin Statute § 947.01 addresses 'disorderly conduct,' which can encompass behaviors that are violent or tumultuous and likely to cause public alarm. Inciting a riot is another related offense, which involves urging others to riot and can be found under Wisconsin Statute § 947.05. Penalties for these offenses vary, but they generally include fines and potential imprisonment. It is important for individuals to understand that participating in a riot or related activities can lead to serious legal consequences, and anyone facing such charges may benefit from consulting with an attorney.