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 Illinois, rioting and related offenses are addressed under the Illinois Compiled Statutes, specifically within the Criminal Code of 2012. According to 720 ILCS 5/25-1, a riot is defined as the assembly of three or more persons for the purpose of using force or violence to disturb the peace. Participants in a riot may be charged if their actions result in an immediate danger of damage to property or injury to persons, substantial obstruction of law enforcement or other governmental functions, or if the assembly is tumultuous or violent and likely to cause public alarm. Illinois law also covers related offenses such as inciting a riot, mob action, and failure to disperse. Inciting a riot involves urging others to commit acts of force or violence that can lead to a riot, while mob action can include any use of force or violence by two or more persons acting together. Failure to disperse occurs when individuals do not leave an area after being directed to do so by law enforcement. 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.