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 Texas, rioting is addressed under the Texas Penal Code, specifically in Chapter 42, which covers disorderly conduct and related offenses. According to Section 42.02, a person commits the offense of riot if he or she knowingly participates in an assembly of seven or more persons and during that assembly, there is conduct that creates an immediate danger of damage to property or injury to persons; substantially obstructs law enforcement or other governmental functions or services; or by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right. The offense is classified as a Class B misdemeanor. Texas law also addresses related offenses such as inciting a riot, which is when a person encourages others to riot and it is likely to incite a riot (Section 42.05), and obstructing a highway or other passageway (Section 42.03), which can occur during a riot if participants block public access. Penalties for these offenses can vary, with more severe penalties for actions that result in significant harm or damage.
