Colo. Rev. Stat. » Title 18
Colorado Revised Statutes

Colo. Rev. Stat. § 18-9-104 (2026)

Engaging in a riot

✓ current as of July 2026
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(1) A person commits an offense if he or she engages in a riot. The offense is a class 4 felony if in the course of rioting the actor employs a deadly weapon, a destructive device, or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or if in the course of rioting the actor represents verbally or otherwise that he or she is armed with a deadly weapon; otherwise, it is a class 2 misdemeanor.

(2) The provisions of section 18-9-102 (2) are applicable to attempt, solicitation, and conspiracy to commit an offense under this section.

Source: L. 71: R&RE, p. 467, § 1. C.R.S. 1963: § 40-9-104. L. 2000: (1) amended, p. 696, § 10, effective July 1.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1980–2025 · leading case: People v. Lacallo, 338 P.3d 442 (Colo. Ct. App. 2014).
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People v. Lacallo, 338 P.3d 442 (Colo. Ct. App. 2014). · cites it 23× “" Under the cireum-stances here, and because Colorado has a separate statute addressing riots by persons confined in detention facilities, and the statutory requirements under section 18-9-104 were not met, I agree. 5 T 75 Analysis of defendant's contention requires…”
People v. Bridges, 620 P.2d 1 (Colo. 1980). · cites it 19× “Walter Tyler Bridges appeals his conviction for engaging in a riot, section 18-9-104, C.R.S.1973 (now in 1978 Repl.”
People v. Rivas, 77 P.3d 882 (Colo. Ct. App. 2003). · cites it 5× “Engaging in a riot is committed under § 18-9-104(1), C.R.8.2002, when a person engages in a riot, a term defined by statute.”
People v. Mattas, 645 P.2d 254 (Colo. 1982). · cites it 3× “The engaging in a riot statute, section 18-9-104, C.R.S.1973 in effect at the time of the trial in Bridges II did not include a mental state.”
People v. Martinez, 705 P.2d 9 (Colo. Ct. App. 1985). · cites it 2× “See § 18-9-104, C.R.S. (1978 Repl. Vol. 8). Also, the instructions properly .”
People v. Martinez, 83 P.3d 1174 (Colo. Ct. App. 2003). · cites it 2× “And the felony offense of engaging in a riot, which by definition involves the use of a deadly weapon, § 18-9-104, C.R.S. 2002, is sufficiently akin to felony menacing that we conclude it also constitutes a serious offense for proportionality purposes.”
People v. Martinez, 634 P.2d 26 (Colo. 1981). · cites it 3× “In Bridges II, the defendant was charged with and convicted of engaging in a riot, section 18-9-104, C.R.S.1973; third-degree assault, section 18-3-204, C.”
People v. Mullins, 209 P.3d 1147 (Colo. Ct. App. 2008). · cites it 2× “" § 18-9-104(1), C.R.S.2008. As pertinent here, a "riot" is "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.”
People v. Espinosa, 614 P.2d 889 (Colo. 1980). · cites it 3× “Section 18-9-104, C.R.S. 1973 (now in 1978 Repl.”
Peo v. Hernandez (Colo. Ct. App. 2025). · cites it 2× “” § 18-9-104(1), C.R.S. 2024. But Hernandez doesn’t draw a distinction between the crime itself and the sentence enhancer.”
— Colo. Rev. Stat. § 18-9-104(1) — 5 cases
People v. Lacallo, 338 P.3d 442 (Colo. Ct. App. 2014). “" Under the cireum-stances here, and because Colorado has a separate statute addressing riots by persons confined in detention facilities, and the statutory requirements under section 18-9-104 were not met, I agree. 5 T 75 Analysis of defendant's contention requires…”
People v. Rivas, 77 P.3d 882 (Colo. Ct. App. 2003). “Engaging in a riot is committed under § 18-9-104(1), C.R.8.2002, when a person engages in a riot, a term defined by statute.”
People v. Bridges, 620 P.2d 1 (Colo. 1980). “Walter Tyler Bridges appeals his conviction for engaging in a riot, section 18-9-104, C.R.S.1973 (now in 1978 Repl.”
People v. Mullins, 209 P.3d 1147 (Colo. Ct. App. 2008). “" § 18-9-104(1), C.R.S.2008. As pertinent here, a "riot" is "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.”
Peo v. Hernandez (Colo. Ct. App. 2025). “” § 18-9-104(1), C.R.S. 2024. But Hernandez doesn’t draw a distinction between the crime itself and the sentence enhancer.”
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