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743.7 Failure of duty

If a magistrate or officer, having notice of an unlawful or riotous assembly as defined in section 743.4, neglect to proceed to the place of assembly, or as near thereto as may be with safety, and exercise the authority with which he is invested for suppressing the same and arresting the persons, he is guilty of a misdemeanor. 743.8 Calling aid-arrest of offenders

If the persons so assembled and commanded to disperse do not immediately obey, any two of the magistrates or officers before mentioned may command the aid of a sufficient number of persons, and proceed in such manner as in their judgment is necessary to disperse the assembly and arrest the offenders. 743.9 Riotous conduct—injury to person or property

If any person or persons, unlawfully or riotously assembled, pull down, injure, or destroy, or begin to pull down, injure, or destroy, any dwelling house or other building; or destroy or attempt to injure or destroy any boat or vessel; or perpetrate any premeditated injury on the person of another, not being a felony, he shall be imprisoned in the penitentiary not more than five years, or be fined not exceeding five hundred dollars and imprisoned in the county jail not more than one year, and shall also be answerable to any person injured to the full amount of the damages by him sustained.

KANSAS STATUTES ANNOTATED 21-1001. Unlawful assemblies; penalty. If three or more persons shall assemble together with intent to do any unlawful act with force and violence against the person or property of another, or to do any unlawful act against the peace, or being lawfully assembled, shall agree with each other to do any unlawful act aforesaid, shall make any movement or preparation therefor, the person so offending on conviction thereof shall be fined in the sum not exceeding two hundred dollars. [G.S. 1868, ch. 31, § 268; Oct. 31; R.S. 1923, 21-1001.)

21-1002. Duties of peace officers in dispersing unlawful assemblies; penalty for failure to aid and assist. When three or more persons shall be assembled as aforesaid and proceed to commit any of the offenses in the preceding section mentioned, it shall be the duty of any judge, justice of the peace, sheriff, constable, marshal, or other peace officer, immediately upon actual view, or as soon as may be on information, to make proclamation in the hearing of such offenders, commanding them in the name of the state of Kansas to disperse and to depart to their several homes or lawful employments; and if upon such proclamation such persons shall not disperse and depart as aforesaid, it shall be the duty of such judge, justice of the peace, sheriff, constable, marshal or other peace officer to call upon persons near, and if necessary throughout the county, to aid and assist in dispersing and taking into custody all persons assembled as aforesaid; and all persons called on as aforesaid, and refusing to render immediate assistance, shall each upon conviction thereof be fined in any sum not exceeding one hundred dollars. [G.S. 1868, ch. 31, § 269; Oct. 31; R.S. 1923, 21-1002.]

KENTUCKY REVISED STATUTES 437.010 (1268] Breach of peace, riot, rout, unlawful assembly, affray.

Any person who is guilty of a breach of the peace, riot, rout, unlawful assembly or affray shall be fined not more than one hundred dollars or imprisoned for not less than five nor more than fifty days, or both.

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MAINE REVISED STATUTES ANNOTATED, TITLE 17 § 3351. Definition of affray

If 2 persons voluntarily or by agreement fight or use blows or force towards each other, in an angry or quarrelsome manner, in a public place to the terror or disturbance of others, they are guilty of an affray and shall be punished as for an assault and battery. § 3352. Definition of unlawful assembly or riot; conviction of one without others

If 3 or more persons assemble in a violent or tumultuous manner to do an unlawful act or, being together, make any attempt or motion towards doing a lawful or unlawful act in a violent, unlawful or tumultuous manner, to the terror or disturbance of others, they are guilty of an unlawful assembly. If they commit such acts in the manner and with the effect aforesaid, they are guilty of a riot and shall, in either case, be punished by a fine of not more than $500 and by imprisonment for less than one year. In case of a riot each offender shall suffer such punishment as he would be liable to if he had committed such act alone. Any person engaged in an unlawful assembly or riot may be indicted and convicted thereof alone, if it is alleged in the indictment and proved at the trial that 3 or more were engaged therein; but if known, they must be named, and if unknown, that fact must be alleged. § 3353. Destruction of property and personal injuries

If any persons, unlawfully and riotously assembled as described in section 3355, pull down or begin to pull down or destroy any dwelling house, building, ship or vessel; or perpetrate any premeditated injury, not a felony, on any person, each shall be punished by a fine of not more than $500 or by imprisonment for not more than 5 years; and shall be answerable to any person injured, in a civil action, to the full amount of damages by him sustained. § 3355. Dispersion of unlawful assemblies; disobedience

When 12 or more persons, any of them armed with clubs or dangerous weapons, or 30 or more, armed or unarmed, are unlawfully, riotously or tumultuously assembled in any town, it shall be the duty of each of the municipal officers, constables, marshal, deputy marshal and police officers and of the sheriff of the county and his deputies to go among the persons so assembled, or as near to them as they can safely go, and in the name of the State command them immediately and peaceably to disperse. If they do not obey, such officers shall command the assistance of all persons present in arresting and securing the persons so unlawfully assembled. Every person refusing to disperse or to assist shall be deemed one of such unlawful assembly and shall be punished by a fine of not more than $500 and by imprisonment for less than one year. Each such officer, having notice of such unlawful assembly in his town and refusing or neglecting to do his duty in relation thereto, shall be punished by a fine of not more than $300. $ 3356. Refusal to disperse; use of armed forces; suppression of unlawfu,

assembly When persons, riotously or unlawfully assembled as described in section 33551 neglect or refuse, on command, to disperse without unnecessary delay, any 2 of the officers may require the aid of a sufficient number of persons in arms or otherwise and may proceed in such manner as they judge expedient to suppress such riotous assembly, and to arrest and secure the persons composing it. When an armed: orce is thus called out, it shall obey the orders for suppressing such assembly and arresting and securing the persons composing it which it receives from the Governor, any justice or judge of a court of record, the sheriff of the county or any 2 of the officers mentioned in section 3355. § 3357. Killing or wounding; officers guiltless; liability of rioters

If, in the efforts made as provided in section 3356 to suppress such assembly and to arrest and secure the persons composing it who refuse to disperse, although the number remaining is less than 12, any such persons or any persons present as spectators or otherwise, are killed or wounded, said officers and persons acting with them by their order shall be held guiltless and justified in law; but if any of said officers or persons thus acting with them are killed or wounded, all persons so unlawfully or riotously assembled and all other persons who refused, when required, to aid such officers shall be answerable therefor.

MINNESOTA STATUTES ANNOTATED

609.705 Unlawful assembly

When three or more persons assemble, each participant is guilty of unlawful assembly and may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $100 if the assembly is:

(1) With intent to commit any unlawful act by force; or

(2) With intent to carry out any purpose in such manner as will disturb or threaten the public peace; or

(3) Without unlawful purpose, but the participants so conduct themselves in a disorderly manner as to disturb or threaten the public peace. Laws 1963, c. 753. 609.71 Riot

When three or more persons assembled disturb the public peace by an intentional act or threat of unlawful force or violence to person or property, each participant therein is guilty of riot and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $1,000, or both, or, if the offender, or to his knowledge any other participant, is armed with a dangerous weapon or is disguised, to imprisonment for not more than five years or to payment of a fine of not more than $5,000, or both. Laws 1963, c. 753. 609.715 Presence at unlawful assembly

Whoever without lawful purpose is present at the place of an unlawful assembly and refuses to leave when so directed by a law enforcement officer may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $100. Laws 1963, c. 753.

VERNON'S ANNOTATED MISSOURI STATUTES

562.150. Unlawful assembly

If three or more persons shall assemble together with the intent, or being assembled shall agree mutually to assist one another, to do any unlawful act, with force or violence, against the person or property of another, or against the peace or to the terror of the people, such persons so assembling, and each of them, shall be deemed guilty of an unlawful assembly, and on conviction thereof shall be punished as for å misdemeanor. (R.S.1939, § 4610) 562.160. Riots

If three or more persons, being assembled as mentioned in section 562.150, shall proceed to carry out or accomplish their purposes, or do anyunlawful act in furtherance or supposed furtherance of said purposes, in a violent, unlawful or tumultuous manner, to the terror or disturbance of peaceful citizens, every person so offending, or who shall aid or assist in doing any unlawful act, shall be deemed guilty of a riot, and being convicted thereof, shall be punished as for a misdemeanor; provided, that nothing in this section contained shall be construed to exempt any person offending against its provisions from any higher or heavier punishments annexed by law to any felony which may be committed by such rioters. (R.S.1939, $ 4611) 562.170. Rioter may be punished singly

Any individual engaged in such riot may be prosecuted and punished singly. (R.S.1939, $ 4612)

REVISED CODE OF MONTANA 94–35–181. (11285) Riot defined. Any use of force or violence, disturbing the public peace, or any threats to use 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.

94–35–182. (11286) Riot, punishment of. Any person who participates in any riot is punishable by imprisonment in the county fail not exceeding two years, or by a fine not exceeding two thousand dollars, or both.

94-35–183. (11287) Rout defined. Whenever two or more persons, assembled and acting together, make any attempt or advance toward the commission of an act which would a riot if actually committed, such assembly is a rout.

REVISED STATUTES OF NEBRASKA 28–804. Unlawful assembly, riots; penalty. If three or more persons shall assemble together with intent to do any unlawful act, with force and violence, against the person or property of another, or to do any unlawful act against the peace; or, being lawfully assembled, shall agree with each other to do any unlawful act as aforesaid, and shall make any movement or preparation therefor, the persons so offending shall be fined in any sum not exceeding one hundred dollars, and be imprisoned in the jail of the county not exceeding three months.

28–805. Dispersing rioters; proclamation; refusal to render assistance; penalty. Whenever three or more persons shall be assembled as aforesaid and proceed to commit any of the offenses aforesaid, it shall be the duty of all judges, justices of the peace and sheriffs and all ministerial officers, immediately, upon actual view, or as soon as may be, on information, to make proclamation in the hearing of such offenders, commanding them in the name of the State of Nebraska to disperse and depart to their several homes or lawful employments; and if, upon such proclamation, such persons shall not disperse and depart as aforesaid, it shall be the duty of such judges, justices of the peace and sheriffs and all other ministerial officers, respectively, to call upon all persons near, and, if necessary, throughout the county, to aid and assist in dispersing and taking into custody all persons assembled as aforesaid; and military officers and others, called on as aforesaid, and refusing to render immediate assistance, shall each be fined in any sum not exceeding twenty-five dollars

28–806. Riot; obstructing authorities and refusing to disperse; penalty. If any person shall forcibly obstruct any of the officers mentioned in section 28–805, or if any three or more persons shall continue together after proclamation made as aforesaid, or attempted to be made, and prevented by such rioters; or if, in case of no proclamation, any three or more persons, being assembled as aforesaid, shall commit any unlawful act as aforesaid, every such offender shall be fined in any sum not exceeding one hundred dollars, and imprisoned in the jail of the county not exceeding three months.

28-807. Rioters killed or injured in resisting officers; officer held guiltless. If any of the persons so unlawfully assembled shall be killed, maimed or otherwise injured, in consequence of resisting the judges or others in dispersing and apprehending them, or in attempting to disperse and apprehend them, such judges, justices of the peace, sheriffs and other ministerial officers and others acting by their authority, or the authority of any of them, shall be held guiltless; Provided, such killing, maiming or injury shall take place in consequence of the use of necessary and proper means to disperse or apprehend any such persons so unlawfully assembled.

NEVADA REVISED STATUTES 203.010 Disturbing the peace. Every person who shall maliciously and willfully disturb the peace or quiet of any neighborhood or family by loud or unusual noises, or by tumultuous and offensive conduct, threatening, traducing, quarreling, challenging to fight, or fighting, shall be guilty of a misdemeanor, and on conviction shall be fined in a sum not exceeding $200, or imprisoned in the county jail for not more than 2 months.

(1911 C&P $ 327; RL $ 6592; NCL $ 10275]

203.020 Assembling to disturb the peace or to commit unlawful act. If 2 or more persons assemble for the purpose of disturbing the public peace, or commiting 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, the persons so offending shall, on conviction, be severally fined in any sum not exceeding $500, and imprisoned in the county jail not more than 6 months.

[1911 C&P $ 328; RL S 6593; NCL $ 10276]

203.030 Provoking commission of breach of peace. Every person who shall by word, sign or gesture willfully provoke, or attempt to provoke, another person to commit a breach of the peace shall be guilty of a misdemeanor.

(Part 1911 C&P $ 150; RL $ 6415: NCL $ 10097] 203.040 Publishing matter inciting breach of peace, other crimes; liability of editors and other persons.

1. Every person who shall willfully print, publish, edit, issue, or knowingly circulate, sell, distribute or display any book, paper, document or written or printed matter, in any form, advocating, encouraging or inciting or having a tendency to encourage or incite the commission of any crime, breach of the peace or act of violence, or which shall tend to encourage or advocate disrespect for law or for any court or courts of justice, shall be guilty of a gross misdemeanor.

2. Every editor or proprietor of a book, newspaper or serial and every manager of a partnership, corporation or association by which a book, newspaper or serial is issued, is chargeable with the publication of any matter contained in such book, newspaper or serial. But in every prosecution therefor, the defendant may show in his defense that the matter complained of was published without his knowledge or fault and against his wishes by another who had no authority from him to make the publication, and was retracted by him as soon as known with an equal degree of publicity.

(1911 C&P $ 352; RL § 6617; NCL § 10300] + [1911 C&P $ 353; RL § 6618; NCL $ 10301]

203.050 Affray. If 2 or more persons shall, by agreement, fight in a public place, to the terror of the citizens of this state, the persons so offending shall be deemed guilty of an affray and shall be severally fined in a sum not exceeding $200, and imprisoned in the countv jail not more than 1 month.

(1911 C&P $ 329; RL § 6594; NCL § 10277]

203.060 Unlawful assembly. If 2 or more persons shall assemble together to do an unlawful act, and separate without doing or advancing toward it, such persons shall be guilty of an unlawful assembly, and upon conviction thereof shall be severally fined in a sum not exceeding $200, or imprisoned in the county jail not exceeding 3 months.

[1911 C&P $ 330; RL § 6595; NCL § 10278] 203.070 Rout and riot.

1. If 2 or more persons shall meet to do an unlawful act, upon a common cause of quarrel, and make advances toward it, they shall be guilty of a rout, and on conviction shall be severally fined in a sum not exceeding $500, or imprisoned in the county jail not more than 6 months.

2. If 2 or more persons shall actually do an unlawful act of violence, either with or without a common cause of quarrel or even do a lawful act, in a violent, tumultuous and illegal manner, they shall be guilty of a riot, and upon conviction shall be punished by a fine in any sum not exceeding $500 each, or by imprisonment in the county jail for a term not exceeding 6 months, or by both fine and imprisonment.

(1911 C&P $ 331; RL $ 6596; NCL § 10279] 203.080 Armed association.

1. It shall be unlawful for any body of men other than the Nevada state police or municipal police, university or public school cadets or companies, national guard or troops of the United States, to associate themselves together as a military company with arms without the consent of the governor; but members of social and benevolent associations are not prohibited from wearing swords.

2. Every person who shall associate with others in violation of this section shall be guilty of a misdemeanor.

[1911 C&P $ 339; RL $ 660; NCL § 10287]

203.090 Disturbing meeting. Every person who, without authority of law, shall willfully disturb any assembly or meeting not unlawful in its character, shall be guilty of a misdemeanor.

[1911 C&P § 342; RL $ 6607; NCL § 10290]

203.100 Offenses in public conveyances. Every person who shall willfully use profane, offensive or indecent language or engage in any quarrel in any public conveyance, or interfere with or annoy any passenger therein, or having refused to pay the proper fare shall fail to leave any such conveyance upon demand, shall be guilty of a misdemeanor.

[1911 C&P $ 346; RL § 6611; NCL § 10294]

NEW HAMPSHIRE REVISED STATUTES ANNOTATED 609-A: 1 Mob Action. Mob action consists of any of the following:

I. The use of force or violence disturbing the public peace by two or more persons acting together and without authority of law; or

II. The assembly of two or more persons to do an unlawful act; or

III. The assembly of two or more persons, without authority of law, for the purpose of doing violence to the person or property of any one supposed to have been guilty of a violation of the law, or fo: the purpose of exercising correctional powers or regulative powers over any person by violence.

609-A: 2 Penalty. Any person engaged in mob action shall be fined not more than five hundred dollars, o” imprisoned not more than one year, or both.

609-A: 3 Violence. Any participant in a mob action which shall by violence inflict injury to the person or property of another shall be fined not more than one thousand dollars, or imprisoned for not less than one nor more than three years, or both.

609-4:4 Refusal to Withdraw. Any person present during mob action, whether a participant in the mob action or not, who does not withdraw on being commanded

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