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 Indiana, rioting and related offenses are addressed under Indiana Code Title 35. Criminal Law and Procedure, specifically in IC 35-45-1 concerning 'Offenses Against Public Order.' Rioting is defined under IC 35-45-1-3 and is considered a Class A misdemeanor when a person knowingly or intentionally engages in tumultuous conduct as part of an unlawful assembly of five or more persons. The offense can escalate to a Level 6 felony if it results in bodily injury to a person other than a participant in the riot, or a Level 5 felony if it results in serious bodily injury or substantial property damage. Related offenses include disorderly conduct, failure to disperse, and intimidation. Inciting a riot is a separate offense and can be charged if an individual urges others to riot and such urging results in rioting. The severity of the charges can increase based on the circumstances and outcomes of the riotous behavior, such as injuries caused or the involvement of a deadly weapon. It is important for individuals to understand their rights and the legal implications of participating in or inciting a riot, and they may wish to consult with an attorney for legal advice specific to their situation.