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 Georgia, rioting and related offenses are covered under the Official Code of Georgia Annotated (O.C.G.A.). Specifically, O.C.G.A. § 16-11-32 defines a 'riot' as a gathering of three or more persons committing an act of violence or a threat of committing an act of violence. If such actions result in a clear and present danger of property damage or injury, substantial obstruction of law enforcement or other government functions, or if the assembly is violent or tumultuous and likely to cause public alarm, it is considered a riot. Additionally, Georgia law addresses the crime of 'unlawful assembly' under O.C.G.A. § 16-11-31, which occurs when two or more people assemble for the purpose of committing any unlawful act or to perform a lawful act in a violent, tumultuous, or terrorizing manner. The state also has statutes against 'affray' (fighting in public), which can be related to riotous behavior. Penalties for participating in a riot, unlawful assembly, or related offenses can include fines, imprisonment, or both, and the severity of the punishment typically depends on the specific circumstances and outcomes of the incident.