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.

Punishment Range

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

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