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ARIZONA REVISED STATUTES

§ 13-631. Riot; definition; punishment

A. Any use of force or violence disturbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law, is a riot.

B. A person who participates in a riot is guilty of a felony punishable by imprisonment in the state prison for not to exceed two years, by a fine not exceeding two thousand dollars, or both.

§ 13-632. Rout; definition; punishment

A. When two or more persons, assembled and acting together, make an attempt or advance toward the commission of an act which would be a riot if actually committed, such assembly is a rout.

B. A person who participates in a rout is guilty of a misdemeanor.

§ 13–633. Unlawful assembly; definition; punishment

A. When two or more persons assemble together to do an unlawful act and separate without doing or advancing toward it, or do a lawful act in a violent, boisterous or tumultuous manner, such assembly is an unlawful assembly.

B. A person who participates in an unlawful assembly is guilty of a misdemeanor.

§ 13-634. Remaining present at riot, rout or unlawful assembly; penalty A person, except a public officer and those assisting him in attempting to disperse a riot, rout or unlawful assembly, remaining present at the place of a riot, rout or unlawful assembly after the persons participating in it have been lawfully warned to disperse, is guilty of a misdemeanor.

§ 13-635. Failure to suppress unlawful or riotous assembly; punishment

A magistrate or officer having notice of an unlawful or riotous assembly, who neglects to proceed to the place of assembly, or as near thereto as he can with safety, and to exercise the authority with which he is vested for suppressing such assembly and arresting the offenders, is guilty of a misdemeanor.

ARKANSAS STATUTES ANNOTATED

41-1402. Unlawful assembly, rout, riot-Penalty.-If three [3] or more persons assemble together, with the intent, or being assembled, shall agree mutually, to assist each other to do an unlawful act, with force or violence, against the person or property of another, or against the peace, or to the terror of the people, and shall accomplish the purpose intended, or do any unlawful act in furtherance of such purpose, in a violent or turbulent manner; every person so offending, or who shall aid or assist in doing any unlawful act, shall be adjudged guilty of a misdemeanor, and shall be punished by imprisonment not exceeding one [1] year, or by fine, not exceeding five hundred dollars ($500.00], or both by fine and imprisonment, at the discretion of the court. [Rev. Stat., ch. 44, div. 8, art. 1, § 1; C. & M. Dig., § 2799; Pope's Dig., § 3503.]

41-1403. Disturbers failing to disperse Penalty. If two [2] or more persons assemble together for the purpose of disturbing the public peace or committing any unlawful act, and do not disperse on being directed or commanded so to do by the judge, justice of the peace, sheriff, coroner, constabe or other public officer, all persons so offending shall, on conviction thereof, be severally fined in any sum not less than ten [$10.00] nor more than one hundred dollars [$100] or imprisoned in the county jail not less than one [1] nor more than three [3] months, or both at the discretion of the court. [Act July 23, 1868, No. 59, § 2, p. 214; C. & M. Dig., § 2773; Pope's Dig., § 3478.]

42-211. Unlawful assembly of three or more persons-Proclamation to disperse. When three [3] or more persons shall be riotously, unlawfully or tumultuously assembled, as specified in the last preceding section [§ 41-1402], it shall be the duty of any judge, justice of the peace, sheriff, coroner or constable who shall have knowledge or be informed thereof, to make proclamation among the persons so assembled, or as near them as he can safely come, charging and commanding them immediately to disperse themselves, and peaceably to depart to their habitations or lawful business. [Rev. Stat., ch. 44, div. 8, art. 1, § 2; C. & M. Dig., § 3324; Pope's Dig., § 4172.]

42-212. Disobedience to proclamation-Authority of officer. If upon such proclamation being made, the persons so assembled shall not immediately disperse and depart as commanded, or if they shall resist such officer or prevent the making such proclamation, such officer shall command those present, and the power of the county if necessary, and shall disperse such unlawful assembly, arrest the offenders and take them before some judicial officer, to be dealt with according to law. [Rev. Stat., ch. 44, div. 8, art. 1, § 3; C. & M. Dig., § 3325; Pope's Dig., § 4173.]

42-213. Summoning militia.-If any persons so assembled shall be armed, or make forcible resistance to the officer so making, or attempting to make such proclamation, such officer shall summon to his aid a sufficient number of the militia, or other persons in arms, to disperse such assembly, arrest the offenders, and maintain the authority of the law. [Rev. Stat., ch. 44, div. 8, art. 1, § 4; C. &M. Dig., § 3326; Pope's Dig., § 4174.]

42-214. Duty to obey officer.-All militia officers and others, who shall be summoned under the provisions of this act, shall give prompt obedience to such officer. [Rev. Stat., ch. 44, div. 8, art. 1, § 5; C. & M. Dig., § 3327, Pope's Dig., § 4175.]

42-215. Requiring security to keep the peace or for good behavior— When arrest made. A person may be arrested for the purpose of requiring of him security to keep the peace, or for his good behavior, in the following cases:

First. Upon the complaint, on oath of a person threatened, to a magistrate, that the defendant has threatened to commit an offense against his person or property, and upon the magistrate being satisfied, by an examination on oath of the complainant or others, that there are reasonable grounds to fear the commission of the offense threatened.

Second. Upon information given, on oath, to a magistrate, by any person, that the defendant is about to commit violence endangering human life, or is about to commit an offense amounting to felony, and the magistrate is satisfied, by an examination, on oath, of the informant or others, that there are reasonable grounds for apprehending the commission of such violence or felony.

Third. When a magistrate or court is satisfied, by the conduct or words of a person in the presence of such magistrate or court, or from proof given before such magistrate or court, that there are reasonable grounds for apprehending that such person will commit an offense against the person or property of another. [Crim. Code § 371; C. & M. Dig., § 3337; Pope's Dig., § 4185.]

42-216. Arrest of defendant. If the defendant is in the presence of the court or magistrate, a peace officer shall be verbally directed by the court or magistrate to take him into custody. If not in the presence of a magistrate, he shall issue a warrant of arrest, directed to any peace officer of the county, city or town, commanding him to arrest the defendant and bring him before the magistrate. The complaint, information, or proof, shall be briefly recited in the warrant. [Crim. Code, § 372; C. & M. Dig., §§ 3338-3340; Pope's Dig., §§ 41864188.]

§ 404. Riots; definition

CALIFORNIA PENAL CODE

"Riot" defined. Any use of force or violence, disturbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two or more persons acting together and without authority of law, is a riot. (Enacted 1872.)

§ 404.6 Incitement to riot; punishment

Every person who with the intent to cause a riot does an act or engages in conduct which urges a riot, or urges others to commit acts of force or violence, or the burning or destroying of property, and at a time and place and under circumstances which produce a clear and present and immediate danger of acts of force or violence or the burning or destroying of property, is guilty of a misdemeanor.

This section shall not apply to, nor in any way affect, restrain, or interfere with, otherwise lawful activity engaged in by or on behalf of a labor organization or organizations by its members, agents or employees. (Added Stats. 1966, 1st Ex. Sess., c. 166, § 1, urgency, eff. July 20, 1966.)

§ 405. Riots; punishment

Every person who participates in any riot is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year,

or by both such fine and imprisonment. (As amended Stats. 1957, c. 139, p. 744, §36.)

406. Rout; definition

"Rout" defined. Whenever two or more persons, assembled and acting together, make any attempt or advance toward the commission of an act which would be a riot if actually committed, such assembly is a rout. (Enacted 1872.)

407. Unlawful assembly; definition

"Unlawful assembly" defined. Whenever two or more persons assemble together to do an unlawful act, and separate without doing or advancing toward it, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.

§ 408. Rout and unlawful assembly; punishment

Punishment of rout and unlawful assembly. Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor. (Enacted 1872.)

§ 409. Riot, rout, or unlawful assembly; remaining present after warning to disperse

Remaining present at place of riot, etc., after warning to disperse. Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor. (Enacted 1872.)

§ 409.5. Authority of peace officers to close disaster area; unauthorized entry; exception

Whenever a menace to the public health or safety is created by a calamity such as flood, storm, fire, earthquake, explosion, accident or other disaster, officers of the California Highway Patrol, police departments or sheriff's office may close the area where the menance exists for the duration thereof by means of ropes, markers or guards to any and all persons not authorized by such officer to enter or remain within the closed area. If such a calamity creates an immediate menace to the public health, the local health officer may close the area where the menace exists pursuant to the conditions which are set forth above in this section. Any person not authorized *** willfully entering the area or * * * willfully remaining within the area after notice to evacuate shall be guilty of a misdemeanor.

Nothing in this section shall prevent a duly authorized representative of any news service, newspaper, or radio or television station or network from entering the area closed pursuant to this section. (Added Stats. 1957, c. 1402, p. 2737, § 1, as amended Stats. 1965, c. 212, p. 1177, § 1.)

§ 410. Magistrate or officer neglecting or refusing to disperse unlawful or riotous assembly

Magistrates neglecting or refusing to disperse rioters. If a magistrate or officer, having notice of an unlawful or riotous assembly, mentioned in this Chapter, neglects to proceed to the place of assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor. (Enacted 1872.)

COLORADO REVISED STATUTES

40-8-3. Unlawful assembling penalty.-If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do, by a judge, justice of the peace, sheriff, coroner, constable or other public officer, such person so offending, on conviction, shall be severally fined in any sum not exceeding fifty dollars, and imprisoned in the county jail not exceeding one month.

40-8-4. Unlawful assemblage penalty.-If two or more persons shall assemble together to do an unlawful act and separate without doing or advancing towards it, such person shall be deemed guilty of an unlawful assemblage and upon conviction thereof be severally fined in a sum not exceeding fifty dollars, or imprisoned in the county jail not exceeding three months.

Source: R. S. p. 220, § 116; G. L. § 715, G. S. § 824; R. S. 08, § 1756; Cl. L. § 6825; CSA, C. 48, § 194; CRS 53, § 40-8-4.

40-8-5. Rout-penalty.-If two or more persons shall meet to do an unlawful act upon a common cause of quarrel, and make advances towards it, they shall be guilty of a rout, and on conviction shall be severally fined in a sum not exceeding seventy dollars, or imprisoned in the county jail not exceeding four months. Source: R. S. p. 220, § 117; G. L. § 716; G. S. § 825; R. S. 08, § 1757; C. L. § 6826; CSA, C. 48, § 195; CRS 53, § 40-8-5.

40-8-6. Riot-penalty. If two or more persons actually do an unlawful act with force or violence against the person or property of another, with or without a common cause of quarrel, or even do a lawful act in a violent or tumultuous manner, the persons so offending shall be deemed guilty of a riot, and on conviction, shall severally be fined not exceeding two hundred dollars or imprisoned in the county jail not exceeding six months.

Source: L. 1861, p. 311, § 103; R. S. p. 220, § 118; G. L. § 717; G. S. § 826; R. S. 08, § 1758; C. L. § 6827; CSA, C. 48, § 196; CRS 53, § 40-8-6.

CONNECTICUT GENERAL STATUTES ANNOTATED

§ 53-169. Dispersion of riotous assembly

Each justice of the peace, sheriff, deputy sheriff, constable, chief, acting chief or superintendent of a local police department, or selectman, the commissioner of state police, any captain or lieutenant of the state police or of a local police department, and any person lawfully exercising the power of any of such officers, on having notice of any riotous assembly of three or more persons, met in his jurisdiction with intent to do any unlawful act with force against the peace, shall resort to the place of such meeting and assembly, or as near thereto as he can with safety, and shall audibly command, or cause to be commanded, silence to be observed while proclamation is being made; and he shall then audibly make, or cause to be made, a proclamation in these words, or in words of a similar effect, to wit: "In the name and by authority of the state of Connecticut, I charge and command all persons assembled immediately to disperse and peaceably to depart to their habitations or to their lawful business, on penalty of the law"; and, if such persons, or any three or more of them, after such proclamation, do not disperse, he, and such others as he commands to assist him, shall disperse and apprehend such rioters and forthwith take them before proper authority. (1965, P.A. 254, § 1.)

1965 Amendment

§ 53-170. Interfering with proclamation and refusal to disperse

Any person who, with force, knowingly obstructs or hinders the making of any such proclamation, and all persons so riotously assembled, who do any unlawful act or who do not immediately after such proclamation or, if it is obstructed and hindered, immediately after such obstruction and hindrance come to their knowledge, disperse and peaceably depart to their homes or lawful business, shall be severally fined not more than one hundred dollars or imprisoned not more than six months or both. (1949 Rev., § 8507.)

§ 53-171. Authorities not responsible for injuries in suppressing riot

If any of the persons, so unlawfully and riotously assembled, are killed or hurt while resisting those so dispersing or endeavoring to disperse or apprehend them, the authority making proclamation under the provisions of section 53-169, and all persons aiding him, shall be discharged from all civil or criminal liability therefor. (1965, P.A. 254, § 2.)

DELAWARE CODE ANNOTATED, TITLE II

§ 361. Unlawful assemblies and riots

Whenever three or more persons meet together with clubs, staves or other hurtful weapons, to the terror of any of the people of this State, and commit or attempt to commit violence or injury to any person, or to the property of any person; or commit a riot, every such person shall be fined not less than $20 nor more than $200, and may be imprisoned not more than 6 months.

FLORIDA STATUTES ANNOTATED

870.02 Unlawful assemblies

If three or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them shall be punished by imprisonment not exceeding six months, or by fine not exceeding five hundred dollars.

870.03 Riots and routs

If any persons unlawfully assembled demolish, pull down or destroy, or being to demolish, pull down or destroy, any dwelling house or other building, or any ship or vessel, each of them shall be punished by imprisonment in the state prison not exceeding five years.

870.04 Magistrate to disperse riotous assembly

If any number of persons, whether armed or not, are unlawfully, riotously or tumultuously assembled in any county, city or municipality, the sheriff or his deputies, or any constable or justice of the peace of the county, or the mayor, or any commissioner, councilman, alderman or police officer of the said city or municipality, or any officer or member of the Florida highway patrol, shall go among the persons so assembled, or as near to them as may be with safety, and shall in the name of the state command all the persons so assembled immediately and peaceably to disperse; and if such persons do not thereupon immediately and peaceably disperse, said officers shall command the assistance of all persons in seizing, arresting and securing such persons in custody; and if any person present being so commanded to aid and assist in seizing and securing such rioter or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, refuses or neglects to obey such command, or, when required by such officers to depart from the place, refuses and neglects to do so, he shall be deemed one of the rioters or persons unlawfully assembled, and may be prosecuted and punished accordingly.

GEORGIA CODE ANNOTATED

26-5301. (359 P. C.) Unlawful assemblies. Any two or more persons who shall assemble for the purpose of disturbing the public peace or committing any unlawful act, and shall not disperse on being commanded to do so by a judge, justice, sheriff, constable, coroner, or other peace officer, shall be guilty of a misdemeanor. (Cobb, 810.)

26-5302. (360 P. C.) Riot.-Any two or more persons who shall do an unlawful act of violence or any other act in a violent and tumultuous manner, shall be guilty of a riot and punished as for a misdemeanor. (Cobb, 811. Acts 1865-6, p. 233.)

REVISED LAWS OF HAWAII, TITLE 31

§ 305-1. Riot defined. Any use of force or violence disturbing the public peace' or any threat or attempt to use such force or violence, if accompanied by immediate power of execution, by six or more persons acting together, and without authority or justification by law, is a riot. [P. C. 1869, c. 38, s. 2; R. L. 1925, s. 4343; R. L. 1935, s. 6171; R. L. 1945, s. 11571; am. L. 1949, c. 62, s. 1.]

§ 305-2. Penalty for riot. Every person who participates in any riot shall be fined not more than $1,000 or imprisoned at hard labor not more than two years, or both. [P. C. 1869, c. 38, s. 10; R. L. 1925, s. 4351; am. L. 1929, c. 4, s. 1; R. L. 1935, s. 6179; R. L. 1945, s. 11579; am. L. 1949, c. 62, s. 2.]

Decision under former law; 37 H. 625.

§ 305-3. Remaining present at place of riot after order to disperse. If a magistrate, police officer or other peace officer, during or following the commission of a riot in which force or violence has been used disturbing the public peace, orders the persons present at the place of such riot to disperse, any person thereafter remaining present at the place of such riot is guilty of a misdemeanor, unless (a) he so remains because of ignorance of such order; or (b) as a magistrate, police officer or other peace officer, or at the request or command of a magistrate, police officer or other peace officer, he is endeavoring to effect or assisting in the dispersion so ordered, or the protection of persons or property, or the arrest of offenders. The duties and functions of magistrates, police officers and other peace officers, provided for by this section, are in addition to those provided for by any

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