• 1985 - Engaging in a Riot
  • K-17.10
    • Disorderly Conduct
    • Public Crimes
    • Public Crimes
    • Riots

  • A person who willfully engages in a riot is guilty of Engaging in a Riot.

     

    ESSENTIAL ELEMENTS OF OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements: (

     

    1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________;

     

    2) Willfully engaged in a riot, as follows: _______________.

     

    DEFINITIONS "Riot" means a public disturbance involving an assembly of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons, or substantially obstructs law enforcement or other government function. [Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]


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    • 12.1-25-03
    • Johnson v. Nash Finch Co., 216 NW2d 271 (ND 1974)
    • Rittenour v. Gibson, 2003 ND 14, 17, 656 NW2d 691
    • Sendelback v. Grad, 246 NW2d 496 (ND 1976)
    • State v. Hidanovic, 2008 ND 66, 747 NW2d 463
  • Notes: A conviction for attempting, soliciting, or conspiring to riot requires that there be a substantial likelihood that the conduct of the Defendant would result in a riot. 2009 - reviewed with no changes; citation added