North Carolina General Statutes 14-288.2. Riot; inciting to riot; punishments
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 38 and 160 months | |
| Class E felony | between 15 and 63 months | |
| Class F felony | between 10 and 41 months | |
| Class H felony | between 4 and 25 months | |
| Class A1 misdemeanor | up to 150 days | |
| Class 1 misdemeanor | up to 120 days |
Terms Used In North Carolina General Statutes 14-288.2
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
(a) A riot is a public disturbance involving an assemblage of three or more persons which by disorderly and violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or damage to persons or property or creates a clear and present danger of injury or damage to persons or property.
(b) Any person who willfully engages in a riot is guilty of a Class 1 misdemeanor.
(c) Any person who willfully engages in a riot is guilty of a Class H felony if in the course of the riot the person brandishes any dangerous weapon or uses a dangerous substance.
(c1) Any person who willfully engages in a riot is guilty of a Class F felony if in the course of the riot the person causes property damage in excess of two thousand five hundred dollars ($2,500) or serious bodily injury.
(c2) Any person who willfully engages in a riot is guilty of a Class E felony if in the course of the riot the person causes a death.
(d) Any person who willfully incites another to engage in a riot and that inciting results in a riot or is directly and imminently likely to produce a riot is guilty of a Class A1 misdemeanor.
(e) Any person who willfully incites another to engage in a riot, and that inciting is a contributing cause of a riot in which there is property damage in excess of two thousand five hundred dollars ($2,500) or serious bodily injury, shall be guilty of a Class E felony.
(e1) Any person who willfully incites another to engage in a riot, and that inciting is a contributing cause of a riot in which there is a death, shall be guilty of a Class D felony.
(f) Any person whose person or property is injured by reason of a violation of this section may sue for and recover from the violator three times the actual damages sustained, as well as court costs and attorneys’ fees.
(g) Mere presence alone without an overt act is not sufficient to sustain a conviction pursuant to this section. (1969, c. 869, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, ss. 187, 188, 1225, 1226.; 1994, Ex. Sess., c. 24, s. 14(c); 2023-6, s. 1; 2023-71, s. 4(a).)