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 West Virginia, rioting and related offenses are addressed under the state's penal code. According to West Virginia Code §61-6-1, a 'riot' is defined as a public disturbance involving an assemblage of five or more persons resulting in conduct which creates an immediate danger of damage to property or injury to persons; substantially obstructs law enforcement or other governmental functions or services; or by force, violence, or threat thereof, is likely to cause public alarm. The code also defines related offenses such as inciting to riot (§61-6-2), unlawful assembly (§61-6-3), and failure to disperse (§61-6-4). Penalties for participating in a riot or related offenses can include fines, imprisonment, or both, depending on the severity of the offense and the specific circumstances involved. An attorney can provide more detailed information on how these laws may apply to specific situations.