CRS § 18-9-102 – Inciting a Riot – Colorado Law & Penalties
CRS 18-9-102 is the Colorado law prohibiting inciting a riot, which means instigating a group of at least five people to engage in a riot.
If no bodily injuries or property damage occur, incitement of a riot is a class 1 misdemeanor carrying
This law has been particularly relevant recently in light of the “No Kings” demonstrations protesting ICE activities and the Trump administration’s policies. For the most part, people were peacefully exercising their Fifth Amendment rights, but some protests turned violent.
CRS 18-9-102 states that:
(1) A person commits inciting riot if he:
(a) Incites or urges a group of five or more persons to engage in a current or impending riot; or
(b) gives commands, instructions, or signals to a group of five or more persons in furtherance of a riot.
A person may be convicted … of attempt, conspiracy, or solicitation to incite a riot only if he engages in the prohibited conduct with respect to a current or impending riot.
(2) A person may be convicted under section 18-2-101, 18-2-201, or 18-2-301 of attempt, conspiracy, or solicitation to incite a riot only if he engages in the prohibited conduct with respect to a current or impending riot.
(3) Inciting riot is a class 1 misdemeanor, but, if injury to a person or damage to property results therefrom, it is a class 5 felony.
For you to be convicted of inciting a riot in Colorado, prosecutors have to prove beyond a reasonable doubt that you either:
provoked or urged a group of five or more people to participate in a present or future riot; or
instructed, signaled or commanded a group of five or more people to further a riot.1
Therefore, ringleaders or instigators of a riot face incitement charges, while individual rioters face charges for engaging in a riot. It makes no difference whether the incitement occurs on public or private property.
An example of incitement is holding a political rally, where charged rhetoric is used to stir up the crowd and encourage them to fight.
Inciting a riot can be a felony or a misdemeanor in Colorado.
2. Penalties
Inciting a riot is a class 1 misdemeanor in Colorado as long as no injuries or property damage result. The punishment is:
up to 364 days in jail and/or
up to $1,000 in fines.
If someone does get hurt or if property gets damaged, inciting a riot is a class 5 felony. The sentence is:
You may also be ordered to pay restitution to the victim(s) for any injuries or property damage.2
3. Defenses
Four potential defenses to Colorado charges of riot incitement are the following:
There were fewer than five people. If you revved up a crowd of four people or less, then incitement charges do not apply. Even if the riot consisted of five or more people, you are responsible for only the people you specifically incited.
There was no incitement. Giving an impassioned speech or airing grievances is not incitement, even if the audience decides to riot afterward. As long as your words and actions are protected free speech or do not rise to the level of provoking rioting, then the district attorney should drop the incitement charges.
Law enforcement committed misconduct. Criminal charges can be dropped if police officers performed an unlawful search or seizure, committed entrapment, coerced a confession, or engaged in police brutality.
You acted in self-defense. Self-defense is an affirmative defense to inciting a riot.3 This means if you were being unlawfully attacked, stirring up other people to fight off the attackers could potentially justify your incitement.
Note that it is not a defense to incitement charges that no rioting occurred. Incitement of a riot is still illegal even if the riot never happens.
4. Record Sealing
A Colorado conviction for inciting a riot can be sealed three years after the case ends. Though if the charge gets dismissed, there is no waiting period before you can petition for a seal.4
Learn how to seal Colorado criminal records.
A Colorado conviction for violating CRS 18-9-102 can be sealed 3 years after the case closes.
5. Related Offenses
Arming Rioters
Knowingly arming rioters with deadly weapons or destructive devices – or knowingly teaching people to use them for rioting – is a class 4 felony. Penalties for arming rioters (CRS 18-9-103) include:
2 to 6 years in prison and/or
a fine of $2,000 to $500,000.
Engaging in a Riot
Engaging in a riot is usually a class 2 misdemeanor under CRS 18-9-104. Penalties include:
up to 120 days in jail and/or
up to $750 in fines.
If there was a threat of a deadly weapon used in the course of rioting, engaging in a riot is class 4 felony. Penalties include:
2 to 6 years in prison and/or
a fine of $2,000 to $500,000.
Disobedience of Public Safety Orders During Riots
Under CRS 18-2-301, it is a class 2 misdemeanor in Colorado if – during riot conditions or when a riot is impending – you knowingly disobey a peace officer or reasonable public safety order. Penalties include:
The crime of obstructing public highways (CRS 18-9-107) is intentionally obstructing or barricading any publicly accessible road, walkway, or passageway.
Blocking funeral access is a class 2 misdemeanor, carrying:
up to 120 days in jail and/or
up to $750 in fines.
Otherwise, obstructing highways is a petty offense, carrying:
The Demand for Order in Civil Society: A Review of Some Themes in the History of Urban Crime, Police, and Riot – Theories and Origins of the Modern Police.
