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 Florida, rioting and related offenses are addressed under Florida Statutes, specifically in Chapter 870, which deals with Affrays and Riots. According to Florida law, a riot involves a group of three or more people acting with a common intent to assist each other in violent and disorderly conduct, resulting in danger to persons or property, or the substantial obstruction of law enforcement or other government functions. The law also covers related offenses such as inciting a riot, unlawful assembly, and failing to disperse. Inciting a riot involves encouraging others to riot, while unlawful assembly refers to a gathering of three or more people to commit a breach of the peace or any other unlawful act. Failing to disperse occurs when individuals do not disband after being commanded to do so by a law enforcement officer. Penalties for these offenses can range from misdemeanors to felonies, depending on the severity of the actions and the resulting harm or potential harm to persons or property.