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 Arizona, rioting is addressed under Arizona Revised Statutes (ARS) §13-2903. The law defines rioting as an act where a person, with two or more other persons, engages in conduct which results in a clear and present danger of property damage or injury to individuals, or substantially obstructs law enforcement or other government functions. The statute also covers actions that are tumultuous or violent and likely to cause alarm. Rioting is classified as a Class 5 felony in Arizona. Related offenses, such as unlawful assembly (ARS §13-2902) and failure to disperse (ARS §13-2904), are also defined in the state's penal code. Unlawful assembly involves assembling with the intent to engage in conduct constituting a riot, or remaining present at an assembly that has become riotous, and is classified as a Class 1 misdemeanor. Failure to disperse involves knowingly remaining at an unlawful assembly after a law enforcement officer has issued an order to disperse, and is also a Class 1 misdemeanor. An attorney can provide more detailed information on how these laws may apply in specific circumstances.