You can be charged with a 3rd degree felony for rioting in Utah, especially when you cause substantial property damage, bodily injury, or use a gun. Otherwise, rioting is a class B misdemeanor. The actual Riot statute in the Utah criminal code will be explained in this article.
You are guilty of rioting if the following occurs:
(a) You simultaneously with two or more other people engage in tumultuous or violent conduct and thereby knowingly or recklessly create a substantial risk of causing public alarm; OR
(b) You assemble with two or more people with the purpose of engaging, soon thereafter, in tumultuous or violent conduct; knowing that two or more other persons in the assembly have the same purpose; OR
(c) You assemble with two or more people with the purpose of committing an offense against a person or property of another who you suppose to be guilty of a crime, believing that two or more other people in the assembly have the same purpose.
Charged with Riot in Utah?
“Substantial Risk” defense. You have to create a substantial risk of public harm with two other people in the crowd. The prosecution has to connect you and at least two other people to a “substantial risk” that you are trying to cause, either recklessly or knowingly.
“Same Purpose” defense. The prosecution will have to connect your mind’s intent with at least two other people in the crowd—showing all of you want to commit illegal, tumultuous behavior. It’s the government’s burden to show that you knew the other people in the crowd had the same intent to destroy property or things. Further, the government will need to identify who the other people are in the crowd that shared your rioting intentions.
“Substantial Property Damage” defense. Is flipping a cop car over substantial property damage? Is defacing a wall with graffiti substantial property damage? Ultimately the jury will make the decision as to what substantial property damage is in your case. The difference is a conviction for a 3rd degree felony or a class B Misdemeanor. An experienced Utah riot criminal defense attorney can help your case.
Utah Rioting charges are not filed very often. From the face of the statute it appears much more difficult to prosecute than your standard DUI, or retail theft caught on camera at Walmart.
Will the people that saw the alleged behavior on TV or in the newspaper be more understanding to the circumstances? Or will a judge who will apply the law strictly be better for your riot charges? An experienced Utah criminal defense attorney will be able to guide you to be the best decision.
Call Utah criminal defense attorney Jake Gunter for a free consultation regarding your Utah riot charges. (801) 373-6345. Provolawyers.com. Provocrimnaldefense.com.
