5.504 — PARTICIPATING IN A RIOT

Violations of "Statute 5.504" results in a Class C Misdemeanor

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(a) Definitions

Participating in a riot refers to the act of knowingly engaging in a violent or destructive public disturbance, where three or more individuals are involved in an unlawful assembly that leads to property damage, violence, or other acts that disturb public peace and safety. The disturbance must include acts that either directly cause harm, destroy property, or threaten public order.

(b) Elements

To establish the offense of participating in a riot, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant knowingly participated in a public disturbance involving three or more individuals.

2. The assembly or disturbance involved violent or destructive conduct, including, but not limited to, vandalism, physical assaults, property destruction, or threats of harm.

3. The defendant was aware that the assembly was a riot, or contributed to the conduct that made the assembly a riot.

(c) Defenses

Defenses against a charge of participating in a riot may include:

• The defendant did not knowingly participate in the riot or engage in violent or destructive behavior.

• The defendant was present at the scene but did not take part in the unlawful actions or attempted to distance themselves from the violent conduct.

• The defendant was coerced or under duress to participate in the riot and did not willfully engage in illegal activities.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The riot caused significant property damage, bodily injury, or harm to public safety.

• The defendant actively engaged in or incited violence, destruction, or other acts that escalated the riot.

• The riot targeted or caused harm to government property, businesses, or other critical infrastructure.

• The defendant had a leadership role or was a primary instigator in the riot.