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 Ohio, rioting and related offenses are addressed under the Ohio Revised Code (ORC). Specifically, ORC 2917.03 defines 'Riot' as a group of four or more persons engaging in conduct that creates a risk of physical harm to persons or property, substantially hinders law enforcement or other government functions, or by force or threat of force, unlawfully interferes with the rights of others. The offense of 'Aggravated Riot,' which involves more serious circumstances such as the use of a deadly weapon or participation by an organized gang, is defined under ORC 2917.02. Additionally, 'Failure to Disperse' when ordered by law enforcement is covered under ORC 2917.12, and 'Inciting to Violence' is addressed in ORC 2917.01. These statutes outline the legal framework for what constitutes rioting and related conduct, and the penalties for such offenses can range from misdemeanors to felonies, depending on the severity of the actions and the presence of aggravating factors.
