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 Iowa, rioting is addressed under Iowa Code Section 723.1, which defines a riot as a group of three or more people assembled in a manner where they are acting together in a violent manner that poses a clear and present danger of any harm to property or persons, or substantially obstructs law enforcement or any other governmental function. The law also covers related offenses such as unlawful assembly and failure to disperse. Unlawful assembly is defined under Section 723.2 as a gathering of three or more people, where the group is acting in a manner that would lead a reasonable person to believe that the group will commit a public offense. Failure to disperse, covered under Section 723.3, occurs when a person present at the scene of a riot or unlawful assembly does not comply with a lawful order from law enforcement to leave the area. Penalties for these offenses can range from simple misdemeanors to felonies, depending on the severity of the actions and the resulting harm or damage.