PC §504 - PARTICIPATING IN AN RIOT

CLASS C MISDEMEANOR

(a) Definition

Participating in a riot is the act of willfully engaging in tumultuous or violent behavior as part of a group of three or more persons, with the intent to engage in disorderly conduct, cause public alarm, or commit unlawful acts.

Types of Riotous Behavior

Participating in a riot may include, but is not limited to, the following:

  1. Rioting: Engaging in violent or disorderly conduct, such as destroying property, setting fires, or attacking others, as part of a group.

  2. Looting: Stealing or unlawfully taking property from businesses, residences, or public spaces during a riot or civil unrest.

  3. Vandalism: Damaging or defacing property, vehicles, buildings, or infrastructure with graffiti, destruction, or other means during a riot.

(b) Elements of the Offense

The following elements must be met to constitute participating in a riot:

  1. The defendant was part of a group of three or more persons.

  2. The group engaged in tumultuous or violent behavior, such as rioting, looting, vandalism, or physical confrontations.

  3. The defendant participated willingly and intentionally in the riotous conduct.

  4. The defendant had the intent to engage in disorderly conduct, cause public alarm, or commit unlawful acts.

(c) Defenses

  • (a) It shall be a defense to a charge of participating in a riot if the defendant can prove that their conduct was lawful, justified, or protected by constitutional rights, such as freedom of assembly or expression, or if they can demonstrate that they did not engage in riotous behavior or intend to commit unlawful acts.

  • (b) Lack of knowledge of the riotous nature of the conduct or absence of intent to participate in unlawful activities may also serve as defenses if proven by the defendant.

(d) Aggravating Factors

Aggravating factors such as the use of weapons or dangerous instruments during the riot, infliction of serious injury or death, prior convictions for similar offenses, or participation in organized or planned riotous conduct may result in enhanced penalties as determined by the court.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

60 SECONDS OF JAIL TIME.

BOND SET

$6,000.00

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