Utah’s new Riot Act was signed by Governor Cox on 03/16/2021 and goes into effect 60 days after the legislative adjournment.
–If you are arrested for a felony riot charge you can’t just post bail immediately. You have to see a judge first, then bail, if any will be assessed.
–They added felony Riot charges to the exclusive and small list of offenses where you can be refused bail under the Utah and United States Constitution. It reads:
“(f) a felony violation of Section 76-9-101 if there is substantial evidence to support the charge and the court finds by clear and convincing evidence that the individual is not likely to appear for a subsequent court appearance.” See Utah Code Ann. 77-20-1(2)(f)(2021).
Utah Riot Charge Defenses.
Riot charges are not common charges. Riot charges by their nature are culturally and politically sensitive where an effect Utah criminal defense attorney can make a huge difference in front of a jury.
Utah Criminal Defense Attorney Jake Gunter has nearly 20 years’ experience defending people accused of crimes. (801) 373-6345.
The REDLINE amended Utah RIOT statue can be read below and at utahlegislature.org.
27 76-9-101. Riot — Penalties.
28 (1) [A person] An individual is guilty of riot if the individual:
29 (a) simultaneously with two or more other [persons he] individuals engages in
30 [tumultuous or] violent conduct [and thereby], knowingly or recklessly [creates] creating a
31 substantial risk of causing public alarm; [or]
32 (b) [he] assembles with two or more other [persons] individuals with the purpose of
33 engaging, soon thereafter, in [tumultuous or] violent conduct, knowing, that two or more other
34 [persons] individuals in the assembly have the same purpose; or
35 (c) [he] assembles with two or more other [persons] individuals with the purpose of
36 committing an offense against a person, or the property of another person who [he] the
37 individual supposes to be guilty of a violation of law, believing that two or more other
38 [persons] individuals in the assembly have the same purpose.
39 (2) [Any person] Any individual who refuses to comply with a lawful order to
40 withdraw [given to him immediately] prior to, during, or immediately following a violation of
41 Subsection (1) is guilty of riot. It is no defense to a prosecution under this Subsection (2) that
42 withdrawal must take place over private property; provided, however, that [no persons so
43 withdrawing shall] an individual who withdraws in compliance with an order to withdraw may
44 not incur criminal or civil liability by virtue of acts reasonably necessary to accomplish the
45 withdrawal.
46 [(3) Riot is a felony of the third degree if, in the course of and as a result of the
47 conduct, any person suffers bodily injury, or substantial property damage, arson occurs or the
48 defendant was armed with a dangerous weapon, as defined in Section 76-1-601; otherwise it is
49 a class B misdemeanor.]
50 (3) Except as provided in Subsection (4), riot is a class B misdemeanor.
51 (4) Riot is a third degree felony if, in the course of the conduct:
52 (a) the individual causes substantial or serious bodily injury;
53 (b) the individual causes substantial property damage or commits arson; or
54 (c) the individual was in possession of a dangerous weapon as defined in Section
55 76-1-601.
56 (5) An individual arrested for a violation of Subsection (4) may not be released from
57 custody before the individual appears before a magistrate or a judge.
58 (6) The court shall order a defendant convicted under Subsection (4) to pay restitution
59 as calculated in accordance with Section 77-38a-302.
60
