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commanding them, in the name of the state, to disperse and depart to their several homes or lawful employment, and, if such persons do not then forthwith disperse and depart, such officers shall call upon all persons near, and, if necessary, throughout the county, to aid and assist in dispersing and taking into custody all such persons. No persons, who are called upon by such officer, shall refuse to render immediate assistance.

§ 3761.15 Killing a rioter who resists officer. (GC § 12812) If any of the persons, unlawfully or violently assembled, is killed, maimed, or otherwise injured, in consequence of resisting officers or others engaged in dispersing and apprehending such persons, in accordance with section 3761.14 of the Revised Code, such officers, and others acting by their authority or the authority of either of them, shall be guiltless, if such killing, maiming, or injury takes place in consequence of the use of necessary and proper means to disperse or apprehend such persons.

§ 3761.99 Penalties.

(A) Whoever violates section 3761.11 of the Revised Code shall be fined not more than fifty dollars or imprisoned not more than ten days, or both.

(B) Whoever violates section 3761.12 of the Revised Code shall be fined not more than two thousand dollars and imprisoned not less than two nor more than ten years.

(C) Whoever violates section 3761.13 of the Revised Code shall be fined not more than five hundred dollars or imprisoned not less than thirty days nor more than one year, or both. Such person shall also give security for good behavior and to keep the peace for one year.

(D) Whoever violates section 3761.14 of the Revised Code shall be fined not more than fifty dollars.

OKLAHOMA STATUTES ANNOTATED, TITLE 21 8 1311. Riot defined

Any use of force or violence, or any threat to use force or violence if acconpanied by immediate power of execution, by three or more persons acting together and without authority of law, is riot. R.L. 1910, § 2558. § 1312. Punishment for riot

Every person guilty of participating in any riot is punishable as follows:

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

2nd. 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, such person is punishable by imprisonment in the penitentiary not exceeding ten years and not less than two.

3rd. If such person carried at the time of such riot any species of firearms, or other deadly or dangerous weapon, or was disguised, he is punishable by imprisonment in the penitentiary not exceeding ten years and not less than two.

4th. If such person directed, advised, encouraged or solicited other persons, who participated in the riot to acts of force or violence, he is punishable by imprisonment in the penitentiary for not exceeding twenty and not less than two years.

5th. In all other cases such person is punishable as for a misdemeanor. R.L. 1910, § 2559. § 1313. Rout defined

Whenever three or more persons, acting together, make any attempt to do any act toward the commission of an act which would be riot if actually committed, such assembly is a rout. R.L. 1910, § 2560. § 1314. Unlawful assembly defined

Wherever 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 disturb the public peace, or excite public alarm, such assembly is an unlawful assembly. R.L.1910, $ 2561.

$ 1315. Punishment for rout or unlawful assembly

Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor. R.L.1910, § 2562. § 1316. Warning to disperse, remaining after

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. R.L.1910, § 2563. $ 1317. Presence after unlawful purpose becomes known

Where three or more persons assemble for a lawful purpose and afterwards proceed to commit an act that would amount to 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, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor. R.L.1910, $ 2564. $ 1318. One refusing to aid in arrest deemed rioter

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 punishable accordingly. R.L.1910, § 2565. $ 1319. Combination to resist process

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, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or both. R.L.1910, 2566.

OREGON REVISED STATUTES

166.010 Dueling or challenging another to duel. Any person who engages in a duel with a deadly weapon, although no killing ensues, or who challenges another to fight a duel with a deadly weapon, or who sends or delivers any verbal or written message purporting or intending to be such challenge, although no duel ensues, shall be punished upon conviction by imprisonment in the penitentiary for not more than 10 years.

166.020 Accepting or carrying challenge; aiding in duel. Any person who accepts a challenge to fight a duel with a deadly weapon, or who knowingly carries or delivers any such challenge or message, although no duel ensues, or who is present at the fighting of such a duel as an aid, second or surgeon, or who advises, encourages, or promotes such duel, shall be punished upon conviction by imprisonment in the penitentiary for not more than five years.

166.030 Using contemptuous language concerning another who refused to duel. Any person who in any manner posts another, or in writing or print uses any reproachful or contemptuous language to or concerning another for not fighting a duel, or for not sending or accepting a challenge to fight a duel, shall be punished upon conviction by imprisonment in the penitentiary for not more than two years.

166.040 Riot and unlawful assembly defined. (1) Any use of force or violence, or threat to use force or violence, if accompanied by immediate power of execution, by three or more persons acting together, and without authority of law, is riot.

(2) When three or more persons assemble with intent, or with means and preparation to do an unlawful act, which would be riot if actually committed, but do not act towards the commission thereof; or assemble without authority of law and in a manner adapted to disturb the public peace or excite public alarm; or assemble disguised in a manner adapted to prevent them from being identified, it in an unlawful assembly.

166.050 Punishment for participating in riot. Any person participating in any riot shall be punished upon conviction as follows:

(1) In the same manner as a principal in the crime, if a felony or misdemeanor is committed in the course of the riot.

(2) By imprisonment in the penitentiary for not more than 15 years, if he carried, at the time of the riot, any species of dangerous weapon, or was disguised, or encouraged or solicited other persons, who participated in the riots, to acts of force or violence.

(3) By imprisonment in the county jail for not less than three months nor more than one year, or by a fine of not less than $50 nor more than $500, in all other cases.

PURDON'S PENNSYLVANIA STATUTES ANNOTATED, TITLE 18

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§ 4401. Riots, routs, assemblies, and affrays

Whoever participates in any riot, rout, unlawful assembly or affray, is guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to imprisonment not exceeding 1 three (3) years, which imprisonment may be at separate or solitary confinement at labor, or to pay a fine not exceeding one thousand dollars ($1,000), or both.

Whoever participates in any riot, rout, unlawful assembly or affray, while undergoing imprisonment in any penal or correctional institution located in this Commonwealth, is guilty of a felony, and, upon conviction thereof, shall be sentenced to undergo imprisonment by separate and solitary confinement at labor not exceeding ten (10) years, or to pay a fine not exceeding ten thousand dollars ($10,000), or both. 1939, June 24, P.L. 872, § 401: 1953, July 29, P.L. 1420, $ 1. § 4402. Riotous destruction of property

Whoever, while participating in a riotous and tumultuous assembly, unlawfully, and with force, demolishes or pulls down or destroys, or begins to demolish, pull down or destroy any public or private building or any machinery, whether fixed or movable, is guilty of a felony, and upon conviction thereof, shall be sentenced to pay a fine not exceeding two thousand dollars ($2,000), or to undergo imprisonment, by separate or solitary confinement at labor or by simple imprisonment, not exceeding five (5) years, or both, 1939, June 24, P.L. 872, § 402.

GENERAL LAWS OF RHODE ISLAND

11-38-1. Proclamation commanding dispersal.-If any persons to the number of twelve (12) or more, being armed with clubs or other weapons, or if any number of persons consisting of thirty (30) or more shall be unlawfully, routously, riotously or tumultuously assembled, any justice of the supreme or superior court or of a district court, justice of the peace, sheriff, mayor, deputy sheriff, town sergeant or constable shall, among the rioters or as near to them as he can safely come, command silence while proclamation is making and shall openly make proclamation in substance as follows:

“By virtue of the laws of this state in relation to routs, riots and tumultuous assemblies, I charge and command all persons here assembled immediately to disperse and peaceably to depart to their habitations or to their lawful business, upon the penalties inflicted by said laws: God save the state.”

And whenever in the opinion of the governor there is danger of persons unlawfully, routously, riotously or tumultuously assembling within the state, he may issue his proclamation to the people of the state, setting forth said danger and charging and commanding all persons to desist and refrain from routs, riots and tumultuous assemblies; and he may at the time in his discretion issue his proclamation, charging and commanding all persons unlawfully, routously, riotously or tumultuously assembled, immediately to disperse and peaceably to depart to their habitations, upon the penalties inflicted by the laws of the state; which proclamations shall be by the secretary of state published in some newspaper in every town, city or county where said proclamation is intended to operate.

11-38-2. Arrest of persons refusing to disperse. If any persons shall assemble as aforesaid after publication of proclamation by the governor, or, being assembled as aforesaid, shall refuse to obey such proclamation, or, after the making of proclamation by any of the aforesaid officers, shall not forthwith disperse themselves, every such officer may command sufficient aid and seize, arrest and secure in custody any or all such persons, so that they may be proceeded against according to law, and if any such persons shall be killed of wounded by reason of their resisting the persons endeavoring to disperse or seize them, the said justice, sheriff, mayor, deputy sheriff, town sergeant, constable and their assistants shali be indemnified and held guiltless.

11-38-3. Refusal to assist in dispersal of assembly.-Every person who, being commanded by such justice, sheriff, deputy sheriff, mayor, town sergeant or constable as aforesaid, shall refuse or neglect to afford the assistance required, shall be fined not less than seven dollars ($7.00) nor more than thirty dollars ($30.00).

11-38-4. Riots continuing after proclamation.—All persons who, after proclamation made as aforesaid, shall unlawfully, routously, riotously and tumultuously continue together, or shall wilfully obstruct or hinder any such officer, who shall be known or shall openly declare himself to be such, from making such proclamation, shall be fined not exceeding one thousand dollars ($1,000) or shall be imprisoned not exceeding one (1) year; and if any such persons, so riotously assembled, shall demolish or pull down or begin to demolish or pull down any dwelling house or other building, ship or vessel, or destroy any other property or thing, they shall be fined or imprisoned as aforesaid.

CODE OF LAWS OF SOUTH CAROLINA

$ 16–113. Engaging in riot, etc.—Any person, upon conviction of engaging in a riot, rout or affray when no weapon was actually used and no wound inflicted shall be subject and liable for each offense to a fine not to exceed one hundred dollars or to imprisonment for a term not exceeding thirty days. (1952 Code $ 16-113; 1942 Code $ 1737; 1932 Code § 1737; Cr. C. C. '22 $ 719; Cr. C. '12 § 23; Cr. C. '02 g 15; R. S. 14; 1892 (21) 93; 1893 (21) 411; 1894 (21) 824).

South DAKOTA CODE OF 1939 13.1401 General provision: offenses not specifically designated. Every person who willfully and wrongfully commits any act which grossly disturbs the public peace, although no punishment is expressly prescribed therefor by this Code, is guilty of a misdemeanor.

Source: Part of $ 4381 Rev. Code 1919, revised in form only for separate statement of distinct subject matter relating to public peace.

Cross-reference: Parts II and III of this title for disturbance of public meetings; unlawful assemblies; criminal syndicalism.

13.1402 Riot; rout; unlawful assembly; defined. Any use of force or violence or any threat to use force or violence if accompanied by immediate power of execution, by three or more persons acting together and without authority of law, is riot.

Whenever three or more persons acting together make any attempt to do any act toward the commission of an act which would be riot if actually committed, such assembly is a rout.

Whenever three or more persons assemble with intent or with means and preparation to do an unlawful act which would be riot if actually committed, but do no act toward the commission thereof, or whenever such persons assemble without authority of law and in such a manner as is adapted to disturb the public peace or excite public alarm, such assembly is an unlawful assembly.

13.1403 Refusing aid to officer at riot same punishment as riot. Every person present at a riot and lawfully commanded to aid a magistrate or officer in arresting any rioter, who neglects or refuses to obey such command, is deemed one of the rioters and punishable accordingly.

Source: $ 3941 Rev. Code 1919.

13.1404 Punishment for riot. Every person guilty of participating in any riot is punishable as follows:

(1) If any murder, maiming, robbery, rape, or arson was committed in the course of such riot, such person is punishable 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, such person is punishable by imprisonment in the State Penitentiary not exceeding ten years and not less than two 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, he is punishable by imprisonment in the State Penitentiary not exceeding ten years and not less than two years;

(4) If such person directed, advised, encouraged, or solicited other persons who participated in the riot to acts of force or violence, he is punishable by imprisonment in the State Penitentiary for not less than three years;

(5) In all other cases such person is punishable as for a misdemeanor. Source: $ 3935 Rev. Code 1919.

13.1405 Punishment for rout and unlawful assembly. Except as provided in section 13.0803, every person who participates in any rout or unlawful assembly is guilty of a misdemeanor.

Source: $ 3938 Rev. Code 1919, revised in form only. -13.1406 Continuing present at meeting after unlawful purpose becomes known: misdemeanor. When three or more persons assemble for a lawful purpose and afterwards proceed to commit an act that would amount to 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, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.

Source: $ 3940 Rev. Code 1919.

13.1407 Continuing present after legal order to disperse: misdemeanor. 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.

Source: $ 3939 Rev. Code 1919.

13.1408 Resisting or combining to resist legal process: other than riot; penalty. 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, is punishable by imprisonment in a county jail not exceeding one year or by a fine not exceeding one thousand dollars, or both.

Source: $ 3942 Rev. Code 1919.

VERNON'S TEXAS PENAL CODE

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Article 455. 451, 315 “Riot"

If the persons unlawfully assembled together do or attempt to do any illegal act, all those engaged in such illegal act are guilty of riot. Art. 456. 452, 316 To prevent collection of taxes

If the purpose of a riot be to prevent the collection of taxes or other money due the State, any person engaged therein shall be fined not less than two hundred nor more than one thousand dollars, although the purpose the riot be not effected; and if such illegal purpose be effected, in addition thereto, imprisonment in jail not exceeding two years may be added. Art. 457. 453, 317 Execution of law

If any person, by engaging in a riot, shall prevent the execution or enforcement of any law of this State, or the lawful decree of any court in a civil case, he shall be confined in jail not exceeding two years, and be fined not less than two hundred nor more than one thousand dollars. Art. 458. 454, 318 Rescue of felon under death sentence

Whoever by engaging in a riot shall rescue one lawfully convicted and given the death penalty or under lawful sentence of death shall be confined in the penitentiary not less than five nor more than ten years. Art. 459. 455, 319 Rescue of felon less than capital

Whoever by engaging in a riot shall rescue any prisoner lawfully convicted of felony less than capital, or lawfully under sentence for such offense, shall be confined in the penitentiary not less than two nor more than seven years. Art. 460. 456, 320 Rescue of one convicted of misdemeanor

Whoever by engaging in a riot shall rescue any prisoner lawfully convicted of a misdemeanor, shall be confined in jail not less than six months nor more than two years. Art. 461. 457, 321 Rescue of one imprisoned for capital felony

Whoever by engaging in a riot shall rescue any prisoner lawfully arrested or imprisoned for a capital felony, shall be confined in the penitentiary not less than two nor more than seven years. Art. 462. 458, 322 Felony less than capital

Whoever by engaging in a riot shall rescue any prisoner lawfully arrested or imprisoned for a felony less than capital shail be confined in the penitentiary not less than two nor more than seven years. Art. 463. 459, 323 Misdemeanor

Whoever by engaging in a riot shall rescue any prisoner lawfully arrested or imprisoned for a misdemeanor shall be confined in jail not less than six nor more than twelve months.

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