Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Riot

Riot

Chapter 42 of the Texas Penal Code defines disorderly conduct and other related charges.

“Riot”, as per § 42.02 of the Texas Penal Code, occurs when a person knowingly participates in a riot.

A “riot” means the assemblage of seven or more persons resulting in conduct which:

  • creates an immediate danger of damage to property or injury to persons;

  • substantially obstructs law enforcement or other governmental functions or services; or

  • by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.

An offense under this section is a Class B misdemeanor, unless a member of the riot commits an offense of a higher degree, in which event the offense will be charged on par with the higher related offense.

Severity of Crime

Misdemeanor B

  • Confinement in jail for a term not to exceed 180 days

  • Fine not to exceed $2,000

  • Both such fine and confinement

Misdemeanor A

  • Confinement in jail for a term not to exceed one year

  • Fine not to exceed $4,000

  • Both such fine and confinement

State Jail Felony

  • Confinement in a state jail for not more than two years and not less than 180 days

  • In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree FelonY

  • Imprisonment in the institutional division for not more than 20 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

  • Imprisonment in the institutional division for life, or

  • Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon

  • In addition to imprisonment, may receive a fine not to exceed $10,000