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 Mississippi, rioting and related offenses are addressed under the Mississippi Code of 1972. According to Section 97-17-65, a riot is defined as a public disturbance involving an assemblage of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government functions. The law also covers inciting a riot, which is when a person encourages others to riot. Additionally, Mississippi law under Section 97-17-71 deals with unlawful assembly, which is the gathering of six or more persons with the intent to engage in conduct constituting a riot. Failing to disperse when commanded by a law enforcement officer during a riot or unlawful assembly is also an offense under Section 97-17-97. Disturbing the peace, another related offense, is covered under Section 97-35-7 and 97-35-15, which include acts that breach the peace or provoke a disturbance. Penalties for these offenses range from fines to imprisonment, depending on the severity of the conduct and the specific charge.