Idaho Code
Idaho Code

Idaho Code § 18-6401 (2026)

Riot defined. 

✓ current as of May 2026
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Riot defined. 

Any action, use of force or violence, or threat thereof, disturbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two (2) or more persons acting together, and without authority of law, which results in:

(a)  physical injury to any person; or
(b)  damage or destruction to public or private property; or
(c)  a disturbance of the public peace;
Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2020–2024 · leading case: State v. Rodriguez, 559 P.3d 1199 (Idaho 2024).
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State v. Rodriguez, 559 P.3d 1199 (Idaho 2024). · cites it 42× “Thus, a defendant is guilty of the crime riot if, “acting together with one or more others, without authority of law,” he “engaged in any action … which disturbed the public peace,” regardless of whether he engaged in joint conduct that resulted in property damage.”
State v. Rodriguez, 559 P.3d 1199 (Idaho 2024). · cites it 42× “Thus, a defendant is guilty of the crime riot if, “acting together with one or more others, without authority of law,” he “engaged in any action … which disturbed the public peace,” regardless of whether he engaged in joint conduct that resulted in property damage.”
State v. Castro (Idaho Ct. App. 2020). · cites it 4× “________________________________________________ BRAILSFORD, Judge Manuel Jose Castro appeals from his judgment of conviction for felony riot with a felony gang enhancement, Idaho Code §§ 18-6401 , 18-6402(1)(a), 18-8503(1)(b).”
Araiza v. State (Idaho Ct. App. 2023). · cites it 2× “________________________________________________ GRATTON, Judge Rodney Araiza was found guilty of murder in the first degree, Idaho Code §§ 18-4001 , 18- 4002, 18-4003; and riot, I.C. §§ 18-6401, 18-6402(1). Araiza filed a successive petition for post- conviction relief.”
— Idaho Code § 18-6401(c) — 2 cases
State v. Rodriguez, 559 P.3d 1199 (Idaho 2024). “Thus, a defendant is guilty of the crime riot if, “acting together with one or more others, without authority of law,” he “engaged in any action … which disturbed the public peace,” regardless of whether he engaged in joint conduct that resulted in property damage.”
State v. Rodriguez, 559 P.3d 1199 (Idaho 2024). “Thus, a defendant is guilty of the crime riot if, “acting together with one or more others, without authority of law,” he “engaged in any action … which disturbed the public peace,” regardless of whether he engaged in joint conduct that resulted in property damage.”
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