Imágenes de páginas
PDF
EPUB

to do so by any peace officer shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both.

609-A: 5 Refusal to Aid. Any person who shall be present at a mob action and upon request by a peace officer to assist in suppressing the mob action resuses to assist, shall be fined not more than fifty dollars, or imprisoned not more than three months, or both.

609-A: 6 Liability of Principal. Any person who shall promote, aid o" encourage a mob action or take any lead or direction If such mob action, by word or act, or attempt to do so, or who shall be armed or disguised therein, shall be liable criminally as a principal for any crime or offense which may be committed by the mob, or any of them.

[ocr errors]

NEW JERSEY STATUTES

2A:126-1. Definition of "mob"

A mob is a collection of 5 or more individuals, assembled for the unlawful purpose of offering violence to the person or property of one supposed to have violated the law, or for the purpose of exercising correctional or regulative powers over a person by violence, and without lawful authority. 2A:126–2. Taking part in mob with intent to injure person or property

Any person who participates in or is part of a mob, with the intent to inflict damage or injury to the person or property of an individual charged with a crime, or under the pretense of exercising correctional powers over such person by violence, and without authority of law, is guilty of a misdemeanor. 2A:126–3. Mob violence; penalty for persons participating; "serious injury"

defined Any person participating in or being a part of a mob under the provisions of sections 2A:126-1 and 2A:126–2 of this title, who inflicts material damage to the property or serious injury to the person of another under the pretense of exercising correctional powers over such person, by violence and without authority of law, is guilty of a high misdemeanor and shall be punished by imprisonment in the state prison for not more than 5 years.

The term "serious injury”, as used in this section, includes any injury to property which causes damage to the owner thereof, or any injury to the person which temporarily or permanently disables the individual injured from earning a livelihood. 2A:126–4. Unlawful assemblies; proclamation to disperse; form; duties of

peace officers When persons to the number of 12 or more, being armed with clubs, guns, swords or other weapons, or persons to the number of 30 or more, if unarmed, are unlawfully, routously, riotously or tumultuously assembled, any magistrate, sheriff, undersheriff, police officer or constable of the county where such assembly shall be, shall go among the rioters, or as near to them as may be safe, command silence while proclamation is being made, and shall, openly and with a loud voice, make or cause to be made a proclamation in substantially the following words:

“State of New Jersey. By virtue of the law of the state of New Jersey, I am directed to charge and command all persons here assembled immediately to disperse and peaceably go to their homes or lawful business, upon the pains and penalties of law. God save the state.”

All magistrates, sheriffs, undersheriffs, police officers and constables, on notice or knowledge of any such unlawful, routous, riotous or tumultuous assembly within their respective jurisdictions, shall proceed to the place where such assembly shall be, and there make or cause to be made a proclamation in the manner aforesaid. 2A:126–5. Arrest of persons continuing together after proclamation; penalty

If, after proclamation has been made or attempted to be made, in accordance with section 2A:126-4 of this title, the persons so unlawfully assembled, shall continue together and not disperse within 1 hour, every magistrate, sheriff, undersheriff, police officer or constable of the county where such assembly shall be, and such other persons as shall be commanded to assist them, which assistance such magistrate, sheriff, undersheriff, police officer or constable is hereby authorized to command of all citizens of this state, shall seize and apprehend the persons so unlawfully continuing together, and bring them before 1 or more magistrates of the county wherein they were apprehended, to be dealt with according to law. All persons who, for the space of 1 hour after proclamation has been made or attempted to be made as aforesaid, unlawfully, routously, riotously and tumultuously continue together to the number of 12, if armed, or of 30 or more, if unarmed, are guilty of a misdemeanor. 2A:126–6. Persons killing rioters held guiltless

If, in the dispersing, seizing or arresting of any persons so unlawfully, routously, riotously and tumultuously assembled, or in endeavoring to dis se, seize or arrest such persons, any of them are killed, hurt or wounded, by reason of resisting the persons endeavoring to disperse, seize or arrest them, then every such magistrate, sheriff, undersheriff, police officer or constable, and any person assisting them, or any of them, shall be held guiltless and be absolutely indemnified and discharged. 2A: 126–7. Obstructing making of proclamation to disperse

Any person who, with force and arms, willfully and knowingly opposes, obstructs or in any manner hinders or hurts any person who goes to make the proclamation, or begins to make the proclamation in accordance with section 21:126–4 of this title, whereby such proclamation shall not be made, is guilty of a misdemeanor.

NEW YORK PENAL LAW $ 2090. Riot defined

Whenever three or more persons, having assembled for any purpose, disturb the public peace, by using force or violence to any other person, or to property, or threaten or attempt to commit such disturbance, or to do an unlawful act by the use of force or violence, accompanied with the power of immediate execution of such threat or attempt, they are guilty of riot. $ 2091. Punishment of riot

A person guilty of riot, or of participating in a riot, either by being personally present, or by instigating, promoting, or aiding the same, is punishable as follows:

1. If the purpose of the assembly, or of the acts done or threatened or intended by the persons engaged, is to resist the enforcement of a statute of this state, or of the United States, or to obstruct any public officer of this state, or of the United States, in serving or executing any process or other mandate of a court of competent jurisdiction, or in the performance of any other duty; or if the offender carries, at the time of the riot, fire-arms or any other dangerous weapon, or is disguised; by imprisonment for not more than five years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment.

2. In any other case, if the offender directs, advises, encourages, or solicits other persons, present or participating in the riot or assembly, to acts of force or violence, by imprisonment for not more than two years, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.

3. In any case, not embraced within the foregoing subdivisions of this section, by imprisonment for not more than one year, or by a fine of not more than two hundred and fifty dollars, or by both such fine and imprisonment. $ 2092. Unlawful assemblies

Whenever three or more persons:
1. Assemble with intent to commit any unlawful act by force; or,

2. Assemble with intent to carry out any purpose in such a manner as to disturb the public peace; or,

3. Being assembled attempt or threaten any act tending towards a breach of the peace, or an injury to person or property, or any unlawful act;

Such an assembly is unlawful, and every person participating therein by his presence, aid or instigation, is guilty of a misdemeanor.

But this section shall not be so construed as to prevent the peaceable assembling of persons for lawful purposes of protest or petition.

Art. 188

RIOTS AND UNLAWFUL ASSEMBLIES

$ 2093. Remaining present at place of riot or unlawful assembly after warning

A person, remaining present at the place of an unlawful assembly or riot, after the persons assembled have been warned to disperse by a magistrate or public officer, is guilty of a misdemeanor, unless as a public officer, or at the request or command of a public officer, he is endeavoring or assisting to disperse the same, or to protect persons or property, or to arrest the offenders. $ 2094. Remaining present at place of a meeting, originally lawful, after it has

adopted an unlawful purpose Where three or more persons assemble for a lawful purpose, and afterwards proceed to commit an act that would amount to a riot, if it had been the original purpose of the meeting, every person who does not retire when the change of purpose is made known, or such act is committed, except public officers and persons assisting them in attempting to disperse the assembly, is guilty of a misdemeanor. $ 2095. Refusing to assist in arresting rioter

A person, present at the place of an unlawful assembly or riot, who, being commanded by a duly authorized public officer to act or aid in suppressing the riot, or in protecting persons or property, or in arresting, a person guilty of or charged with participating in the unlawful assembly or riot, neglects or refuses to obey such command, is guilty of a misdemeanor. $ 2096. Leaving state with intent to elude provisions of this article

A person who leaves the state, with intent to elude any provision of this article, or to commit any act without the state, which is prohibited by this article, or who, being a resident of this state, does any act without the state, which would be punishable by the provisions of this article, if committed within the state, is guilty of the same offense and subject to the same punishment, as if the act had been committed within this state. $ 2097. Witnesses' privilege

No persons shall be excused from giving evidence upon an investigation or prosecution for any of the offenses specified in this article, upon the ground that the evidence might tend to convict him of a crime; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence documentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal investigation or proceeding. As amended L. 1938, c. 108, § 13, eff. March 14, 1938.

NORTH DAKOTA CENTURY CODE 12–19-03. “Riot" defined.—Any use of force or violence, or any threat to use force or violence, if accompanied by immediate power of execution, by six or more persons acting together and without authority of law, is riot.

12-19-04. Punishment of riot.—Every person guilty of participating in any riot shall be punished as follows:

1. If any murder, maiming, robbery, rape, or arson was committed in the course of such riot, in the same manner as a principal in such crime;

2. If the purpose of the riotous assembly was to resist the execution of any statute of this state or of the United States, or to obstruct any public officer of this state or of the United States, in the performance of any legal duty, or in serving or executing any legal process, by imprisonment in the penitentiary for not less than two years nor more than ten years;

3. If such person carried, at the time of such riot, any species of firearms or other deadly or dangerous weapon, or was disguised, by imprisonment in the penitentiary for not less than two years nor more than ten years;

4. If such person directed, advised, encouraged, or solicited other persons who participated in the riot to acts of force or violence, by imprisonment in the penitentiary for not less than three years;

5. In all other cases, in the same manner as for a misdemeanor. 12-19-05. “Rout" defined. Whenever three or more persons acting together make any attempt to do any act which would be riot if actually committed, such assembly is a rout.

12–19-06. "Unlawful assembly" defined.—Whenever three or more persons assemble with intent or with means and preparations to do an unlawful act which would be riot if actually committed, but do not act toward the commission thereof, or whenever such persons assemble without authority of law and in such a manner as is adapted to distrub the public peace or excite public alarm, such assembly is an unlawful assembly.

12–19–07. Rout or unlawful assembly—Misdemeanor.-Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor.

12-19-08. Remaining at place of riot, rout, or unlawful assembly after warned to go-Misdemeanor.- Every person, except public officers and persons assisting them, remaining present at the place of any riot, rout, or unlawful assembly after having been lawfully warned to dispurse, is guilty of a misdemeanor.

Source: Pen. C. 1877, § 481; R. C. 1895, § 7344; R. C. 1899, § 7344; R. C. 1905, $ 9085; C. L. 1913, § 9811; R. C. 1943, § 12-1908.

12–19–09. Remaining at place of riot or rout after unlawful purpose disclosedMisdemeanor.—When three or more persons assemble for a lawful purpose and afterwards proceed to commit an act which would amount to rout or riot if it had been the original purpose of the meeting, every person, except public officers and persons assisting them, who does not retire when the change of purpose is made known, is guilty of a misdemeanor.

Source: Pen. C. 1877, § 482; R. C. 1895, § 7345; R. C. 1899, § 7345; R. C. 1905, § 9086; C. L. 1913, $ 9812; R. C. 1943, § 12–1909.

12-19-10. Refusing to aid officer at riot— Punishment.—Every person present at any riot and lawfully commanded to aid the magistrate or officers in arresting any rioter who neglects or refuses to obey such command is deemed one of the rioters and shall be punished accordingly.

Source: Pen. C. 1877, § 483; R. C. 1895, $ 7346; R. C. 1899, $ 7346; R. C. 1905, § 9087; C. L. 1913, § 9813; R. C. 1943, § 12–1910. Cross-Reference.

President of board of city commissioners may summon special police to suppress riot, refusal to act, see § 40-09-15.

12–19–11. Resisting execution of process when not riot-Punishment.— Every person who resists or enters into a combination with any other person to resist the execution of any legal process, under circumstances not amounting to a riot, shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment.

Source: Pen. C. 1877, § 484; R. C. 1895, $ 7347; R. C. 1899, § 7347; R. C. 1905, § 9088; C. L. 1913, § 9814; R. C. 1943, § 12-1911. Cross-Reference.

Resisting or aid in resisting execution of process when county in state of insurrection, penalty, see § 37-01-20.

12-19-12. Officer may command assistance in executing process.—When a sheriff or other public officer authorized to execute process finds or has reason to apprehend that resistance will be made to the execution of the process, he may command as many male inhabitants of his county as he may think proper to assist him in overcoming the resistance, and if necessary, in seizing, arresting, and confining the resisters and their aiders and abettors for punishment according to law.

12-19-13. Person refusing to aid officer on command-Misdemeanor.-Every person commanded by a public officer to assist him in the execution of process, as provided in section 12-19-12, who, without lawful cause, refuses or neglects to obey the command, is guilty of a misdemeanor.

Source: C. Crim. P. 1877, § 45; R. C. 1895, $ 7786; R. C. 1899, § 7786; R. C. 1905, § 9594; C. L. 1913, § 10430; R. C. 1943, § 12–1913.

12-19-14. Officer must report resisters.—The officer must certify to the court from which the process is issued the names of the resisters and their aiders and abettors, to the end that they may be proceeded against for contempt.

Source: C. Crim. P. 1877, § 44; R. C. 1895, $ 7785; R. C. 1899, § 7785; R. C. 1905, $ 9593; C. L. 1913, § 10429; R. C. 1943, § 12–1914.

12-19-15. Governor may order additional force to execute process or to suppress riot.—If it appears to the governor that the power of the county is not sufficient to enable the sheriff to execute process delivered to him or to suppress riots and to preserve the peace, he, on the application of the sheriff or a judge, must order such a force from any other county or counties as is necessary to execute such process and to preserve the peace. All persons so ordered or summoned by the governor are required to attend and act. Any person who, without lawful cause, refuses or neglects to obey the command, is guilty of a misdemeanor.

Source: C. Crim. P. 1877, § 46; R. C. 1895, $ 7787; R. C. 1899, § 7787; R. C. 1905, § 9595; C. L. 1913, § 10431; R. C. 1943, § 12-915.

12-19-16. Governor may ask aid of the United States.—Under the facts and circumstances mentioned in section 12-19–15, and when the civil and the military power of the state is not deemed sufficient, the governor shall apply to the military authorities of the United States for a force sufficient to execute the laws and to prevent resistance thereto, to suppress riots, execute process, and

preserve the peace.

Source: C. Crim. P. 1877, § 47; R. C. 1895, § 7788; R. C. 1899, § 7788; R. C. 1905, $ 9596; C. L. 1913, § 10432; R. C. 1943, § 12-1916.

12-19-17.' Peace officer may order unlawful assembly to disperse.- When any number of persons, whether armed or not, unlawfully or riotously are assembled, the sheriff of the county and his deputies, the officials governing the city or village, or the county justices, marshals, constables, and police thereof, or any of them, must go among the persons assembled or as near to them as possible and command them in the name of the state immediately to disperse.

Source: C. Crim. P. 1877, § 48; R. C. 1895, § 7789; R. C. 1899, § 7789; R. C. 1905, § 9597; C. L. 1913, $ 10433; R. C. 1943, § 12–1917.

12-19–18. Arrest of rioters if they do not disperse.If upon command the persons unlawfully assembled do not disperse immediately, the magistrate or officer must arrest them or cause them to be arrested. For that purpose, he may command the aid of all persons present or within the county.

Source: C. Crim. P. 1877, § 49; R. C. 1895, § 7790; R. C. 1899, § 7790; R. C. 1905, $ 9598; C. L. 1913, § 10434; R. C. 1943, § 12-1918.

12-19-19. When officers may disperse unlawful assembly.- If persons unlawfully and riotously assembled do not disperse immediately when commanded so to do, any magistrate or officer mentioned in section 12-19–17 may command the aid of a sufficient number of persons, and may proceed in such manner as in his judgment is necessary to disperse the assembly and arrest the offenders.

Source: C. Crim. P. 1877, § 52; R.C. 1895, § 7793; R.C. 1899 § 7793; R.C. 1905, § 9601; C.L. 1913, $ 10437; R.C. 1943, § 12-1919.

12-19-20. Person who refuses to aid officer deemed rioter.-If a person commanded to aid the magistrates and officers to arrest persons unlawfully assembled neglects to do so, he is deemed one of the rioters, and shall be punished accordingly.

Source: C. Crim. P. 1877, § 50; R.C. 1895, § 7791; R.C. 1899, § 7791; R.C. 1905, $ 9599; C.L. 1913, § 10435; R.C. 1943, § 12–1920.

12-19-21. Negligence of officer in not suppressing unlawful assemblyMisdemeanor.-If a magistrate or officer having notice of an unlawful or riotous assembly, neglects to proceed to the place of the 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.

Source: C. Crim. P. 1877, § 51; R.C. 1895, § 7792; R. 1899, § 7792; R.C. 1905, § 9600; C.L. 1913, § 10436; R.C. 1943, § 12-1921.

12-19-22. Officers must endeavor to disperse riot before endangering life.Every endeavor must be used, both by the magistrate and civil officer and by the officer commanding any troops, which can be made consistently with the preservation of life, to induce or force the rioters to disperse before an attack is made upon them by which their lives may be endangered.

Source: C. Crim. P. 1877, § 53; R.C. 1895, $ 7794; R.C. 1899, § 7794; R.C. 1905, § 9602; C.L. 1913, § 10438; R.C. 1943, § 12-1922.

12-19-23. Resisting execution of process or suppression of riot-Felony.-A person who after the publication of a proclamation by the governor, or who after lawful notice to disperse and retire, resists or aids in resisting the execution of process in a county declared to be in a state of riot or insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting a force ordered out by the governor or any civil officer to quell or suppress an insurrection or riot, is guilty of a felony, and shall be punished by imprisonment in the penitentiary for not less than two years.

Page's OHIO REVISED CODE ANNOTATED

$ 3761.13 Prohibition against riots.

No person shall assemble with two or more other persons to do an unlawful act with force and violence, or do such unlawful act or agree with each other to do so and make preparation or movement therefor. No person shall continue together with two or more other persons after proclamation is made as provided in section 3761.14 of the Revised Code or is prevented from so being made by rioters.

§ 3761.14 Dispersing riotous assembly; peace officers may call for assistance.

Whenever three or more persons are unlawfully or riotously assembled, all judges, sheriffs, and other ministerial officers, forthwith upon view or as soon as may be on information, shall make proclamation in the hearing of such persons,

« AnteriorContinuar »