Colorado § 18-9-104 - Engaging in a riot.

§ 18-9-104. Engaging in a riot.

(1) A person commits an offense if he or she engages in a riot. The offense is a class 4 felony if in the course of rioting the actor employs a deadly weapon, a destructive device, or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or if in the course of rioting the actor represents verbally or otherwise that he or she is armed with a deadly weapon; otherwise, it is a class 2 misdemeanor.

(2) The provisions of section 18-9-102 (2) are applicable to attempt, solicitation, and conspiracy to commit an offense under this section.

Source: L. 71: R&RE, p. 467, § 1. C.R.S. 1963: § 40-9-104. L. 2000: (1) amended, p. 696, § 10, effective July 1.

ANNOTATION

Law reviews. For article, "Mass Picketing and the Constitutional Guarantee of Freedom of Speech", see 22 Rocky Mt. L. Rev. 28 (1949).

Annotator's note. Since § 18-9-104 is similar to former CSA, C. 48, § 196, a relevant case construing that provision has been included in the annotations to this section.

Concert of action is not essential to the offense of riot, and a previous agreement or conspiracy need not be shown. Trujillo v. People, 116 Colo. 157, 178 P.2d 942 (1946); People v. Martinez, 705 P.2d 9 (Colo. App. 1985).

All persons participating in a riot are guilty as principals. Trujillo v. People, 116 Colo. 157, 178 P.2d 942 (1946).

Instruction on self-defense. It was not error to insert the words "and not participating in any riot" in an instruction to the effect that defendant would not be guilty of riot if he acted in self-defense upon being attacked "while engaged in the lawful pursuit of his own business and not participating in any riot". Trujillo v. People, 116 Colo. 157, 178 P.2d 942 (1946).

Self-defense is an affirmative defense to inciting or engaging in a riot. People v. Mullins, 209 P.3d 1147 (Colo. App. 2008).

Provisions give clear warning that participation in riot forbidden. Section 18-9-101 (2) and this section give clear warning that knowing participation in the defined conduct is forbidden and provide explicit standards to guide persons charged with their enforcement. People v. Bridges, 620 P.2d 1 (Colo. 1980).

Engaging in a riot was a crime at common law requiring mens rea, or guilty mind, to be criminally actionable. People v. Bridges, 620 P.2d 1 (Colo. 1980).

Mental state "knowingly" is required for the offense of engaging in a riot. People v. Bridges, 620 P.2d 1 (Colo. 1980).

Employing a deadly weapon is a sentence enhancing factor, not an element of the crime of engaging in a riot. The culpable mental state does not apply to sentencing enhancing factors, so the court did not need to instruct the jury that the mental state also applied to employing a deadly weapon. People v. Rivas, 77 P.3d 882 (Colo. App. 2003).

Engaging in a riot is not a lesser included offense of riots in detention facilities, § 18-8-211. Each offense contains a different element. The riots in detention facilities offense requires the offender to be confined in a detention center and the engaging in a riot offense requires causing a public disturbance. People v. Lacallo, 2014 COA 78, 338 P.3d 442.

Applied in People v. Martinez, 634 P.2d 26 (Colo. 1981); People v. Mattas, 645 P.2d 254 (Colo. 1982).