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 Wyoming, rioting and related offenses are addressed under state statutes, specifically in the criminal code. Wyoming law defines rioting as a gathering of three or more people acting with common intent that results in conduct creating an immediate danger of damage to property or injury to persons, substantially obstructs law enforcement or other governmental functions, or is tumultuous or violent causing public alarm. The statutes also cover the crimes of inciting to riot, which involves encouraging others to riot, and unlawful assembly, where individuals assemble for the purpose of committing an unlawful act or a lawful act in a violent, boisterous, or tumultuous manner. Failing to disperse when commanded by a law enforcement officer during a riot or unlawful assembly is also an offense. Penalties for these offenses can range from fines to imprisonment, depending on the severity of the actions and the resulting consequences. It is important for individuals to understand that exercising the right to peaceful assembly is protected by the First Amendment, but once an assembly becomes violent or disruptive in the ways defined by the statutes, it may be deemed a riot or related offense under Wyoming law.