Page images
PDF
EPUB

other law relating to the preservation of the public peace or the prevention or suppression of acts affecting the public peace.

Whoever is guilty of a misdemeanor under this section shall be fined not more than $500 or imprisoned not more than one year, or both. [P. C. 1869, c. 38, s. 11; R. L. 1925, s. 4352; R. L. 1935, s. 6181; R. L. 1945, s. 11581; am. L. 1949, c. 62, s. 3.]

IDAHO CODE ANNOTATED

18-6401. 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. [Cr. & P. 1864, § 122; R. S., R. C., & C. L., § 6950; C. S., § 8364; I. C. A., § 17-3001.]

18-6402. Punishment for riot.-Every person who participates in any riot is guilty of a misdemeanor. [Cr. & P. 1864, § 122; R. S., R. C., & C. L., § 6951; C. S., § 8365; I. C. A., § 17-3002.]

18-6403. 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. [R. S., R. C., & C. L., § 6952; C. S., § 8366; I. C. A., § 17-3003.]

18-6404. Unlawful assembly defined. Whenever two or more persons assembly 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. [Cr. & P. 1864, § 121; R. S., R. C., & C. L.. § 6953; C. S., § 8367; I. C. A., § 17-3004.]

18-6405. Punishment for rout and unlawful assembly. Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor. [Cr. & P. 1864, § 121; R. S., R. C., & C. L., § 6954; C. S., § 8368; I. C. A., § 17-3005.] 18-6406. Persons present at riots and routs 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. [Cr. & P. 1864, § 119; R. S., R. C., & C. L., § 6955; C. S., § 8369; I. C. A., § 17-3006.]

18-6407. Officers neglecting to suppress riots. 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. [Cr. Prac. 1864, § 41; R. S., R. C., & C. L., § 6956; C. S., § 8370; I. C. A., § 17-3007.]

18-6410. Assembly to disturb peace-Refusal to disperse. 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 public officer, the persons so offending are severally guilty of a misdemeanor. [Cr. & P. 1864, § 119; R. S., R. C., C. L., § 6960; C. S., § 8374; I. C. A., § 17– 3010.]

ILLINOIS ANNOTATED STATUTES, TITLE 38

§ 25-1. Mob Action

(a) Mob action consists of any of the following:

(1) The use of force or violence disturbing the public peace by 2 or more persons acting together and without authority of law; or

(2) The assembly of 2 or more persons to do an unlawful act; or

(3) The assembly of 2 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 for the purpose of exercising correctional powers or regulative powers over any person by violence. (b) Any person engaged in mob action shall be fined not to exceed $500 or imprisoned in a penal institution other than the penitentiary not to exceed 30 days, or both.

(c) Any participant in a mob action which shall by violence inflict injury to the person or property of another shall be fined not to exceed $1,000 or imprisoned in a penal institution other than the penitentiary not to exceed one year, or in the penitentiary from one to 5 years, or both fined and imprisoned.

(d) Any participant in a mob action who does not withdraw on being commanded to do so by any peace officer shall be fined not to exceed $500 or imprisoned in a penal institution other than the penitentiary not to exceed one year, or both. 1961, July 28, Laws 1961, p. 1983, § 25-1.

INDIANA STATUTES ANNOTATED

10-1505 [2529]. Riot.-If three [3] or more persons shall do an act in a violent and tumultuous manner, they shall be deemed guilty of a riot, and, on conviction, shall be fined not exceeding five hundred dollars [$500] each, to which may be added imprisonment in the county jail not exceeding three [3] months each. [Acts 1905, ch. 169, § 438, p. 584.]

10-1506 [2530]. Riotous conspiracy.-If three [3] or more persons shall unite for the purpose of doing any unlawful act in the night-time, or for the purpose of doing any unlawful act while wearing white caps, masks or being otherwise disguised, they shall be deemed guilty of a riotous conspiracy, and, on conviction, shall each be imprisoned in the state prison not less than two [2] years nor more than ten [10] years, and each be fined in any sum not exceeding two thousand dollars [$2,000]. [Acts 1905, ch. 169, § 439, p. 584.]

10-1507 [2537]. Rout. If three [3] or more persons shall meet together to do an unlawful act upon a common cause, and shall make advances toward the commission thereof, they shall be deemed guilty of a riot [rout], and on conviction, shall be fined not exceeding one hundred dollars [$100] each, or they may each be imprisoned in the county jail not exceeding sixty [60] days. [Acts 1905, ch. 169, § 446, p. 584.]

743.1 Unlawful assembly

IOWA CODE ANNOTATED

When three or more persons in a violent or tumultuous manner assemble together to do an unlawful act, or, when together, attempt to do an act, whether lawful or unlawful, in an unlawful, violent, or tumultuous manner, to the disturbance of others, they are guilty of an unlawful assembly, and shall be imprisoned in the county jail not more than thirty days, or be fined not exceeding one hundred dollars.

743.2 "Riot" defined

When three or more persons together and in a violent or tumultuous manner commit an unlawful act, or together do a lawful act in an unlawful, violent, or tumultuous manner, to the disturbance of others, they are guilty of a riot, and shall be punished as is provided in section 743.1.

743.3

One person may be tried and convicted alone

Any person guilty of unlawfully assembling, or of a riot, may alone be tried and convicted thereof, but it must be alleged in the information and proved on the trial that three or more persons were engaged therein.

743.4 Unlawful assemblages-dispersion

When persons to the number of twelve or more, armed with dangerous weapons, or persons to the number of thirty or more, whether armed or not, are unlawfully or riotously assembled in any city or town, any judge, sheriff, and his deputies if they be present, the mayor, aldermen, marshal, constables, and justices of the peace of such city or town must go among the persons assembled, or as near them as may be safe, and command them, in the name of the state, immediately to disperse.

743.5 Arrest-aid of other persons

If the persons assembled do not immediately disperse, the magistrate and officers must arrest them, and for that purpose may command the aid of all persons present or within the county.

743.6

Refusing to aid

If any person commanded to aid the magistrate or officer neglect to do so without good cause, he is guilty of a misdemeanor.

[blocks in formation]

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.

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 un

lawful 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 a 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 any unlawful 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 be 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

« PreviousContinue »