As used in this part 1, unless the context otherwise requires:
(1) "Destructive device" means any material, substance, or mechanism capable of being used, either by itself or in combination with any other substance, material, or mechanism, to cause sudden and violent injury, damage, destruction, or death.
(1.4) "Funeral" means the ceremonies, rituals, and memorial services held in connection with the final disposition or memorial of a deceased person, including the assembly and dispersal of the mourners.
(1.5) "Funeral site" means a church, synagogue, mosque, funeral home, mortuary, cemetery, gravesite, mausoleum, or other place where a funeral is conducted.
(2) "Riot" means a public disturbance involving an assemblage of three or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs the performance of any governmental function.
Source: L. 71: R&RE, p. 466, § 1. C.R.S. 1963: § 40-9-101. L. 95: (2) amended, p. 1255, § 18, effective July 1. L. 2006: (1.4) and (1.5) added, p. 1198, § 2, effective May 26. L. 2021: (1.4) amended, (SB 21-006), ch. 123, p. 496, § 23, effective September 7. Cross references: In 2006, subsections (1.4) and (1.5) were added by the "Right to Rest in Peace Act". For the title and legislative declaration, see section 1 of chapter 262, Session Laws of Colorado 2006.
Notes of Decisions
Cited in
11
cases, 1979–2014 · leading case:
People v. Lacallo, 338 P.3d 442 (Colo. Ct. App. 2014).
People v. Lacallo, 338 P.3d 442 (Colo. Ct. App. 2014).
· cites it 10× “He argues that because this charge rested solely on acts which occurred inside a detention facility, those acts cannot constitute a "public disturbance" under the definition of "riot" in section 18-9-101(2), C.R.S.20183. Because defendant did not raise this contention below, we…”
People v. Bridges, 620 P.2d 1 (Colo. 1980).
· cites it 10× “Neither section 18-9-104 nor section 18-9-101(2), C.R.S.1973 (now in 1978 Repl.”
People v. Rivas, 77 P.3d 882 (Colo. Ct. App. 2003).
· cites it 2× “" Section 18-9-101(2), C.R.8.2002. The culpable mental state of knowingly applies to the offense of engaging in a riot.”
People v. Martinez, 705 P.2d 9 (Colo. Ct. App. 1985).
· cites it 3× “Section 18-9-101(2), C.R.S. (1978 Repl. Vol.”
Gulf Ins. Co. v. State, 607 P.2d 1016 (Colo. Ct. App. 1979).
· cites it 2× “As an alternative basis for its decision, the trial court interpreted the exclusion to pertain only to civil or public riots and not those occurring in the penitentiary.”
People v. McBurney, 750 P.2d 916 (Colo. 1988).
“1980), we held that the defendant lacked standing to challenge as overbroad the constitutionality of sections 18-9-101(2) and -104, 8 C.R.S. (1973), which prohibited persons from engaging in riots.”
Schlamp v. State, 891 A.2d 327 (Md. 2006).
“Penal Code § 404; Colo.Rev.Stat Ann. § 18-9-101; Conn. Gen.”
People v. Mullins, 209 P.3d 1147 (Colo. Ct. App. 2008).
“" § 18-9-101(2), C.R.8.2008. The mental state "knowingly" is implied in the statute and required for the offense of engaging in a riot.”
Levine v. Katz, 167 P.3d 141 (Colo. Ct. App. 2006).
“47, § 37-20-1 at 445 (now codified at § 18-9-101, see Barbara Bintliff, A Jurisdictional History of the Colorado Courts, 65 U.”
People v. Heywood, 357 P.3d 201 (Colo. Ct. App. 2014).
· cites it 3× “There, the majority considered the meaning of "public disturbance" under section 18-9-101(2), C.R.S.2013. The majority began by observing that no Colorado cases had either interpreted that phrase or provided a commonly accepted definition of the term "public.”
State v. Morgan, 271 S.W.3d 217 (Tenn. Crim. App. 2008).
“Penal Code § 12301(a); Colo.Rev.Stat. Ann. § 18-9-101(1); Del.Code Ann, tit.”
— Colo. Rev. Stat. § 18-9-101(1) — 1 case
State v. Morgan, 271 S.W.3d 217 (Tenn. Crim. App. 2008).
“Penal Code § 12301(a); Colo.Rev.Stat. Ann. § 18-9-101(1); Del.Code Ann, tit.”
— Colo. Rev. Stat. § 18-9-101(2) — 8 cases
People v. Lacallo, 338 P.3d 442 (Colo. Ct. App. 2014).
“He argues that because this charge rested solely on acts which occurred inside a detention facility, those acts cannot constitute a "public disturbance" under the definition of "riot" in section 18-9-101(2), C.R.S.20183. Because defendant did not raise this contention below, we…”
People v. Bridges, 620 P.2d 1 (Colo. 1980).
“Neither section 18-9-104 nor section 18-9-101(2), C.R.S.1973 (now in 1978 Repl.”
People v. Rivas, 77 P.3d 882 (Colo. Ct. App. 2003).
“" Section 18-9-101(2), C.R.8.2002. The culpable mental state of knowingly applies to the offense of engaging in a riot.”
People v. Martinez, 705 P.2d 9 (Colo. Ct. App. 1985).
“Section 18-9-101(2), C.R.S. (1978 Repl. Vol.”
Gulf Ins. Co. v. State, 607 P.2d 1016 (Colo. Ct. App. 1979).
“As an alternative basis for its decision, the trial court interpreted the exclusion to pertain only to civil or public riots and not those occurring in the penitentiary.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.