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 Maine, rioting and related offenses are covered under the Maine Criminal Code. According to Maine statutes, a person is guilty of riot if they engage with four or more others in tumultuous or violent conduct that creates a grave risk of causing public alarm, injury to persons or damage to property. The law also addresses related offenses such as failure to disperse, which occurs when a person, being present at a riot or an illegal assembly, knowingly fails to comply with a lawful order to disperse. Inciting to riot is another offense where a person is guilty if they solicit, encourage, or promote a riot. The penalties for these offenses can range from fines to imprisonment, depending on the severity of the actions and the resulting harm or risk created. It is important for individuals to understand that peaceful assembly is protected by the First Amendment, but once an assembly turns violent or destructive, it may be classified as a riot or related offense under Maine law.