(6)8.5.2 Rioting

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A person is guilty of Rioting under this subsection if he or she willfully:

(a) participates in a riot, as defined under this Title; and

(b) engages in or knowingly aids, encourages, or furthers violent, tumultuous, or threatening conduct that creates a clear and present danger of injury to persons, damage to property, or substantial disruption of lawful governmental or emergency functions.

(c) Mere presence at the scene of a riot, passive observation, lawful assembly, or constitutionally protected expressive conduct shall not constitute rioting under this subsection absent proof of active participation as described in subsection (b).

(d) It shall be an affirmative defense that the person withdrew from the riot and made reasonable efforts to disengage prior to the commission of any violent or destructive act.

Rioting is a Class C+ Felony.

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