Incite a Riot Law and Legal Definition

Under federal law, a riot is a public disturbance involving an act of violence by one or more persons assembled in a group of at least three people. 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. According to 18 USCS § 2102 "to incite a riot", or "to organize, promote, encourage, participate in, or carry on a riot", includes, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts.”

Does anybody ever get charged for breaking this law?

We don't really know who is saying what in all the mayhem going on in Ferguson, but it seems to me law enforcement is between a rock and a hard place.

That last sentence of the definition tells me that if you yell out to a group of thugs to perpetrate violence on a cop, then you could be arrested.

originally posted by: queenofswords
That last sentence of the definition tells me that if you yell out to a group of thugs to perpetrate violence on a cop, then you could be arrested.

The way I read that I take it that those 'thugs' need to then act on your urgings for it to be inciting a riot.

The problem with laypersons reading legislation is they fail to take into account the common law (case law) that would impact on any prosecution.

Lawyers dont just spend their time in law school getting drunk and looking pretty.

a reply to: AugustusMasonicus

I don't know if I read it that way. It says 'urging' or 'instigating'....so just stirring up anger and encouraging people to act on that anger would be enough, imo.

a reply to: queenofswords

That last sentence of the definition tells me that if you yell out to a group of thugs to perpetrate violence on a cop, then you could be arrested.

Why isn't Cliven Bundy in federal prison?

originally posted by: queenofswords
I don't know if I read it that way. It says 'urging' or 'instigating'....so just stirring up anger and encouraging people to act on that anger would be enough, imo.

For you to be charged with inciting a riot there actually needs to be a riot.

If you are with a crowd and yell, 'Kill the police!' and everyone ignores you where is the riot?

Now, can they charge you for something else for yelling that? I suppose they could find something but inciting a riot would not be it in my opinion.

originally posted by: InverseLookingGlass
a reply to: queenofswords

That last sentence of the definition tells me that if you yell out to a group of thugs to perpetrate violence on a cop, then you could be arrested.

Why isn't Cliven Bundy in federal prison?

Isn't that case still under investigation? He may yet be charged.

That's why I asked the question: Is ANYBODY ever charged for breaking this law? It seems to me there are a lot of gray areas here.

I typed before and its worth typing again. We the people need to be willing to stand up for ourselves in a way that will be heard.

We need protesting to go back to looking like sit ins. We need to be willing to be arrested and not ashamed to fight for our rights.

We also need to do it the right way so that we are getting the point accross that we need to be heard. That means that there needs to actually BE organization to protesting. There needs to be clear and rules discussed and adhered to.

If we want to make a change, lets make the right change. Help ourselves not shoot ourselves in the foot.

a reply to: queenofswords

It can happen, but it takes a certain amount of reality. Not that the riot actually has to happen, but it at least has to have some credible chance of happening. Otherwise Aerosmith would get arrested for singing eat the rich.

For example in On Liberty, John Stuart Mill points out the significant difference between railing against the high price of a commodity in general, and doing it before a mob outside the sellers house.

Ha, I got charged with it in PA by the stupid local cop who was trying to pad the charges against me.

Six charges for a fight, that was self-defense and was done to me in retaliation to a civil party case. So, not only did the cop not recognize me as the victim, he encouraged violence against me and handed me a bunch of citations.

Kind of off-topic, but idk if you'll find anyone else charged w/it.

a reply to: Iamthatbish

The only thing they understand is money. I think that people should be allowed to withhold their taxes if they feel the programs funded by them are harmful.
However if the people protesting should be on public assistance then they should be willing to go without that assistance.