QUESTION
What does the charge inciting a riot mean and what will happen?
Asked on May 13th, 2003 on Criminal Law - Massachusetts
More details to this question:
What does the charge inciting a riot mean and what will happen?
1 ANSWER
JM
Jeralyn Elise Merritt (Unclaimed Profile)
Answered on May 13th, 2003 at 12:16 AM
Under federal law, a riot is a public disturbance involving an act of violence by one or more persons who are assembled in a group of at least three people. The act of violence must be one that presents a clear and present danger of injury to another person or damage to another person\\\'s property. Threatening to commit a violent act in such a group situation that could injure another person or damage property is also considered a riot if one of the persons in the group has the ability at the time to carry out the threatened violence.
Inciting a riot applies to a person who organizes, encourages, or participates in a riot. It can apply to one who urges or instigates others to riot. It does not apply to someone who merely advocates ideas or expresses beliefs, if those ideas and beliefs do not involve advocating violence.
The federal crime of inciting a riot carries a possible penalty of up to five years in prison a fine.
State and local governments also have laws that make it a crime to incite a riot. The penalties range from fines only to jail time. It is important that the law, even if only a municipal ordinance, specify the conduct that that is prohibited with sufficient definiteness that ordinary people can understand what conduct is prohibited.
If you have been charged with inciting a riot, I recommend you seek out a criminal defense lawyer in your area who can tell you exactly what conduct the law prohibits in your jurisdiction, and advise you as whether the law is subject to a challenge on the grounds that it is unconstitutionally vague--either because it fails to sufficiently set forth what conduct is prohibited, or fails to set minimal guidelines for police to use in enforcing the law.