Rioting is a public order offense in Indiana with legal consequences that distinguish it from lawful assembly. The state’s legal code provides a framework for what constitutes a riot, its criminal penalties, and how it differs from constitutionally protected activities. These laws define the boundaries for public gatherings and the potential for criminal liability.
Defining Rioting Under Indiana Law
Under Indiana Code § 35-45-1-2, a person commits rioting if they are a member of an unlawful assembly and recklessly, knowingly, or intentionally engage in “tumultuous conduct.”1Justia. Indiana Code § 35-45-1-2. Rioting An unlawful assembly, as defined in Indiana Code § 35-45-1-1, is a gathering of five or more people with the shared goal of committing an illegal act.2Justia. Indiana Code § 35-45-1-1. Definitions This means the starting point for a riot charge is a group of at least five individuals.
The offense hinges on the engagement in “tumultuous conduct.” The Indiana Code defines this as conduct that results in, or is likely to result in, serious bodily injury to a person or substantial damage to property. This definition requires actions that pose a genuine threat of significant harm. The conduct must also be undertaken recklessly, knowingly, or intentionally, as accidental behavior does not meet the standard.
For example, a group of five or more people throwing rocks at windows, setting fires, or physically assaulting others would be considered tumultuous conduct. The actions create a clear danger of property damage and personal injury. The law focuses on the nature of the conduct itself and its potential to cause serious harm, rather than the purpose of the gathering.
Criminal Penalties for Rioting in Indiana
The criminal penalties for rioting in Indiana are based on the severity of the conduct and resulting harm. Rioting is classified as a Class A misdemeanor, which can result in a sentence of up to one year in jail and a fine of up to $5,000. This classification applies when the tumultuous conduct creates a likelihood of serious bodily injury or substantial property damage, even if that harm does not occur.
The offense can be elevated to a Level 6 felony under certain circumstances. If a person commits rioting while armed with a deadly weapon or if the act results in serious bodily injury, the charge becomes a Level 6 felony. This carries a prison sentence from six months to two and a half years and a fine of up to $10,000. The same felony enhancement applies if the rioting causes property damage valued between $750 and $50,000.
The most severe classification is a Level 5 felony. This charge is reserved for situations where rioting results in catastrophic injury, death, or property damage of at least $50,000. A conviction for a Level 5 felony carries a sentence of one to six years of imprisonment and a fine of up to $10,000.
Associated Public Order Offenses in Indiana
Individuals may face charges for other offenses in addition to or instead of rioting. One such offense is unlawful assembly, a foundational element of the rioting statute. This offense can be charged even if a group of five or more people with the common purpose of committing an illegal act do not engage in the tumultuous conduct required for a riot charge.
Another related charge is disorderly conduct, governed by Indiana Code § 35-45-1-3.3Justia. Indiana Code § 35-45-1-3. Disorderly Conduct This offense is broader than rioting and can be committed by an individual. It includes actions like engaging in fighting, making unreasonable noise after being asked to stop, or disrupting a lawful assembly. Disorderly conduct is a Class B misdemeanor, with a penalty of up to 180 days in jail and a fine of up to $1,000.4Justia. Indiana Code § 35-50-3-3. Class B Misdemeanor
Disorderly conduct can be elevated to a Level 6 felony if it occurs at an airport and affects airport security, or if it takes place within 500 feet of a funeral. While Indiana law does not have a separate statute for “incitement to riot,” encouraging others to engage in tumultuous conduct could lead to conspiracy or accomplice charges.
Rioting Versus Protected Peaceful Assembly
Indiana law distinguishes between illegal rioting and the constitutionally protected rights of peaceful assembly and free speech. The First Amendment to the U.S. Constitution guarantees the right of people to gather peacefully and express their views. However, this right is not absolute and does not protect conduct that turns violent or infringes on the safety and rights of others.
The transition from a lawful protest to a riot is marked by the presence of “tumultuous conduct.” As long as an assembly remains peaceful and does not create an imminent danger of serious bodily injury or substantial property damage, it is protected. A gathering where people are chanting, holding signs, and marching without threatening others is a lawful assembly.
A protest crosses into a riot when individuals engage in violence, destruction of property, or other behavior meeting the legal definition of tumultuous conduct. The violent or dangerous actions, not the message, constitute the criminal offense. The Supreme Court case Hess v. Indiana reinforced that speech is protected until it incites “imminent lawless action,” a standard aligning with Indiana’s focus on conduct likely to cause immediate harm.5Justia U.S. Supreme Court Center. Hess v. Indiana, 414 U.S. 105 (1973)