Riot: Texas Penal Code §42.02

The Texas Riot law makes it a criminal offense to participate in a riot.

Both the United States Constitution and the Texas Constitution guarantee our right to assemble freely with anyone. The government is not supposed to tell Americans with whom they can associate. The Riot law attempts to get around this limitation by characterizing riots as something more than a simple assembly.

The Texas legislature codified this criminal offense in Texas Penal Code Section 42.02. The legislature did not update this law in 2023. In fact, this law has not been amended since 1993.

The Penal Code classifies the Texas Riot law under Title 9 “Offenses Against Public Order and Decency,” Chapter 42 “Disorderly Conduct and Related Offenses.” Learn more about the Texas offense of Riot below.

What is the current Texas law about Riot?

Texas law currently defines the offense of Riot in Penal Code Section §42.02 as follows:^[1]

(a) For the purpose of this section, “riot” means the assemblage of seven or more persons resulting in conduct which:

(1) creates an immediate danger of damage to property or injury to persons;

(2) substantially obstructs law enforcement or other governmental functions or services; or

(3) 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.

(b) A person commits an offense if he knowingly participates in a riot.

What is a “riot” under Texas law?

Section 42.02(a) of the Texas Penal Code defines riot as follows:

For the purpose of this section, “riot” means the assemblage of seven or more persons resulting in conduct which:

(1) creates an immediate danger of damage to property or injury to persons;

(2) substantially obstructs law enforcement or other governmental functions or services; or

(3) 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.

What if I didn’t know the protest demonstration would turn into a riot?

The Texas Riot law provides a defense if you can show that the assembly or protest was at first lawful, and when one of those assembled tried to turn it into a riot as described above, you left the assembly.^[2] Of course, this is a defense you have to assert in court, and you can only get to court if you are arrested in the first place. This gives police officers a lot of latitude to arrest you if you are anywhere near a riot. Whether you left fast enough or went far enough away would be questions for a jury to decide. And the state prosecuting attorneys would argue you didn’t go far enough away quickly enough.

How can the Riot charge be enhanced?

If a jury believes that prosecuting attorneys proved that a higher grade offense (a Class A misdemeanor or any felony) occurred during the riot in the furtherance of the purpose of the riot or could have been anticipated, then the jury can sentence you according to the grade of the more serious offense.^[3]

How can I be charged with a Riot offense in Texas?

You can be charged with Riot if the state’s attorneys believe that each of the elements of 42.02(b) as described in the section above have been met.

What is the statute of limitation for Riot in Texas?

Misdemeanor level Riot charges have a two-year limitations period.^[4] Felony level offenses have a three-year limitations period.^[5]

What is the penalty for a Texas Riot offense?

A conviction for Riot is punished by default as a Class B misdemeanor,^[6] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.

However, a Riot offense is punished at the same classification level as any offense of a higher grade committed by anyone engaged in the riot if the offense was: (1) in the furtherance of the purpose of the assembly; or (2) an offense which should have been anticipated as a result of the assembly.^[7]

Can you get probation for Riot in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Riot, and judges are also allowed to accept deferred adjudication plea deals.^[8]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[9] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[10]

What level of crime is Riot in Texas?

The minimum classifcation for Riot is a Class B misdemeanor, but is classified at a higher grade if other more serious offenses are committed during the riot.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §42.02. This law is current as of 2024.^2. Texas Penal Code §42.02(c)^3. Texas Penal Code §42.02(f)^4. Code of Criminal Procedure 12.02(a)^5. See Code of Criminal Procedure 12.01(9)^6. Texas Penal Code §42.02(e)^7. Texas Penal Code §42.02(f)^8. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^9. Art. 42A.053(c), Texas Code of Criminal Procedure^10. Art. 42A.054(b), Texas Code of Criminal Procedure