CRS 18-9-102 is the Colorado law prohibiting inciting a riot, which means instigating a group of at least five people to engage in a riot.
If no bodily injuries or property damage occurs, incitement of a riot is a class 1 misdemeanor carrying up to 364 days in jail and/or up to $1,000. Otherwise, the offense is a class 5 felony carrying 1 to 3 years in prison and/or $1,000 – $100,000.
CRS 18-9-102 states that:
(1) A person commits inciting riot if he:
(a) Incites or urges a group of five or more persons to engage in a current or impending riot; or
(b) gives commands, instructions, or signals to a group of five or more persons in furtherance of a riot.
A person may be convicted … of attempt, conspiracy, or solicitation to incite a riot only if he engages in the prohibited conduct with respect to a current or impending riot.
(2) A person may be convicted under section 18-2-101, 18-2-201, or 18-2-301 of attempt, conspiracy, or solicitation to incite a riot only if he engages in the prohibited conduct with respect to a current or impending riot.
(3) Inciting riot is a class 1 misdemeanor, but, if injury to a person or damage to property results therefrom, it is a class 5 felony.
In this article, our Denver Colorado criminal defense attorneys discuss:
1. Elements of the Crime
For you to be convicted of inciting a riot in Colorado, prosecutors have to prove beyond a reasonable doubt that you either:
- provoked or urged a group of five or more people to participate in a present or future riot; or
- instructed, signaled or commanded a group of five or more people to further a riot.1
Therefore, ringleaders or instigators of a riot face incitement charges while the individual rioters instead face charges for engaging in a riot. It makes no difference whether the incitement occurs on public or private property.
An example of incitement is holding a political rally, stirring up the crowd with charged rhetoric, and encouraging them to fight.
Inciting a riot can be a felony or a misdemeanor in Colorado.
2. Penalties
Inciting a riot is a class 1 misdemeanor in Colorado as long as no injuries or property damage result. The punishment is:
- up to 364 days in jail and/or
- up to $1,000 in fines.
If someone does get hurt or if property gets damaged, inciting a riot is a class 5 felony. The sentence is:
- 1 to 3 years in Colorado State Prison, and/or
- $1,000 to $100,000 in fines.
You may also be ordered to pay restitution to the victim(s) for any injuries or property damage.2
3. Defenses
Four potential defenses to Colorado charges of riot incitement are the following:
- There were fewer than five people. If you revved up a crowd of four people or less, then incitement charges do not apply. Even if the riot consisted of five or more people, you are responsible for only the people you specifically incited.
- There was no incitement. Giving an impassioned speech or airing grievances is not incitement, even if the audience decides to riot afterward. As long as your words and actions are protected free speech or do not rise to the level of provoking rioting, then the district attorney should drop the incitement charges.
- Law enforcement committed misconduct. Criminal charges can be dropped if police officers performed an unlawful search or seizure, committed entrapment, coerced a confession, or engaged in police brutality.
- You acted in self-defense. Self-defense is an affirmative defense to inciting a riot.3 This means if you were being unlawfully attacked, stirring up other people to fight off the attackers could potentially justify your incitement.
Note that it is not a defense to incitement charges that no rioting occurred. Incitement of a riot is still illegal even if the riot never happens.
4. Record Sealing
A Colorado conviction for inciting a riot can be sealed three years after the case ends. Though if the charge gets dismissed, there is no waiting period before you can petition for a seal.4
Learn how to seal Colorado criminal records.
A Colorado conviction for violating CRS 18-9-102 can be sealed 3 years after the case closes.
5. Related Offenses
Arming Rioters
Knowingly arming rioters with deadly weapons or destructive devices – or knowingly teaching people to use them for rioting – is a class 4 felony. Penalties for arming rioters (CRS 18-9-103) include:
- 2 to 6 years in prison and/or
- a fine of $2,000 to $500,000.
Engaging in a Riot
Engaging in a riot is usually a class 2 misdemeanor under CRS 18-9-104. Penalties include:
- up to 120 days in jail and/or
- up to $750 in fines.
If there was a threat of a deadly weapon used in the course of rioting, engaging in a riot is class 4 felony. Penalties include:
- 2 to 6 years in prison and/or
- a fine of $2,000 to $500,000.
Disobedience of Public Safety Orders During Riots
Under CRS 18-2-301, it is a class 2 misdemeanor in Colorado if – during riot conditions or when a riot is impending – you knowingly disobey a peace officer or reasonable public safety order. Penalties include:
- up to 120 days in jail and/or
- up to $750.
Disorderly Conduct
Disorderly conduct (CRS 18-9-106) is a broad crime that encompasses:
- breaching public peace,
- causing a public disturbance,
- fighting in a public place, or
- discharging a gun or displaying a deadly weapon.
The offense can be charged as a misdemeanor or a petty offense.
Obstructing Highways or Other Passageways
The crime of obstructing public highways (CRS 18-9-107) is intentionally obstructing or barricading any publicly accessible road, walkway, or passageway.
Blocking funeral access is a class 2 misdemeanor, carrying:
- up to 120 days in jail and/or
- up to $750 in fines.
Otherwise, obstructing highways is a petty offense, carrying:
- up to 10 days in jail and/or
- up to $300 in fines.
Disrupting a Lawful Assembly
It is a crime to intentionally interfere with or obstruct a gathering of people. Disrupting a lawful assembly (CRS 18-9-108) is usually a petty offense, carrying:
- up to 10 days in jail and/or
- up to $300 in fines.
Meanwhile, disrupting a funeral is a class 2 misdemeanor, carrying:
- up to 120 days in jail and/or
- up to $750 in fines.
Criminal Mischief
Criminal mischief (CRS 18-4-501) is knowingly damaging or destroying another person’s land or personal property. The crime can be a:
- felony,
- misdemeanor, or
- petty offense,
depending on the extent of the damage done.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Rethinking the Crime of Rioting – Minnesota Law Review.
- Anatomy of Riots: A Situational Crime Prevention Approach – Crime Prevention and Community Safety.
- The Demand for Order in Civil Society: A Review of Some Themes in the History of Urban Crime, Police, and Riot – Theories and Origins of the Modern Police.
- On the Function of Criminal Law in Riot Control – Boston University Law Review.
- Violence, U.S.A: Riots and Crime – Crime & Delinquency.
Legal References
- CRS 18-9-104. See also People v. Martinez, (Colo. App. 1985) 705 P.2d 9.
- CRS 18-9-104. Prior to March 1, 2022, class 1 misdemeanors carried 6 to 18 months in jail and/or $500 to $5,000. SB21-271.
- People v. Mullins, (Colo. App. 2008) 209 P.3d 1147.
- CRS 24-72-701 – 708.