New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 644:1 (2026)
Riot
✓ current as of May 2026
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644:1 Riot. –
I. A person is guilty of riot if:
(a) Simultaneously with 2 or more other persons, he engages in tumultuous or violent conduct and thereby purposely or recklessly creates a substantial risk of causing public alarm; or
(b) He assembles with 2 or more other persons with the purpose of engaging soon thereafter in tumultuous or violent conduct, believing that 2 or more other persons in the assembly have the same purpose; or
(c) He assembles with 2 or more other persons with the purpose of committing an offense against the person or property of another whom he supposes to be guilty of a violation of the law, believing that 2 or more other persons in the assembly have the same purpose.
II. Any person who refuses to comply with a lawful order to withdraw given to him immediately prior to, during, or immediately following a violation of paragraph I is guilty of riot. It is no defense to liability under this paragraph that withdrawal must take place over private property; provided, however, that no person so withdrawing shall incur criminal or civil liability by virtue of acts reasonably necessary to accomplish the withdrawal.
III. Upon the request of a police officer, any person present during a violation of paragraph I or II shall render assistance, other than the use of force, in the suppression of such violations. Any person refusing to render such assistance is guilty of a misdemeanor.
IV. Riot is a class B felony if, in the course of and as a result of the conduct, any person suffers physical injury, or substantial property damage or arson occurs, or the defendant was armed with a deadly weapon, or knowingly throws or causes to propel any object or substance of any kind at any uniformed law enforcement officer or uniformed emergency responder, regardless of whether such object actually strikes the uniformed law enforcement officer or uniformed emergency responder, except that if the deadly weapon was a firearm, he or she shall be sentenced in accordance with RSA 651:2, II-g. Otherwise, it is a misdemeanor.
V. (a) If the conduct comprising the offense of riot occurred within any municipality in which a student housing facility owned by a public institution of higher education is located, or in any adjacent municipality, the following penalties may be imposed, in addition to those set forth in RSA 651:
(1) The court may order the individual not to enter the campus of any public institution of higher education in this state as follows:
(A) If the offense is a felony, for a period of time not to exceed 2 years following the imposition of sentence or the completion of any term of imprisonment.
(B) If the offense is a misdemeanor, for a period of time not to exceed one year following the imposition of sentence or the completion of any term of imprisonment.
(2) The court may order the individual to pay restitution to the public institution of higher education and, if appropriate, any municipality for expenses incurred as a result of the riot. The amount shall be reasonable and shall not exceed the individual's fair and reasonable share of the costs.
(b) An order issued under this section shall not apply to any of the following:
(1) Entering onto the campus of a public institution of higher education to obtain medical treatment.
(2) Traveling on a public roadway situated on the campus of a public institution of higher education for the purpose of traveling to a location other than on such campus.
(c) For the purposes of this section, "public institution of higher education" shall include any public community college, public college, or public university.
I. A person is guilty of riot if:
(a) Simultaneously with 2 or more other persons, he engages in tumultuous or violent conduct and thereby purposely or recklessly creates a substantial risk of causing public alarm; or
(b) He assembles with 2 or more other persons with the purpose of engaging soon thereafter in tumultuous or violent conduct, believing that 2 or more other persons in the assembly have the same purpose; or
(c) He assembles with 2 or more other persons with the purpose of committing an offense against the person or property of another whom he supposes to be guilty of a violation of the law, believing that 2 or more other persons in the assembly have the same purpose.
II. Any person who refuses to comply with a lawful order to withdraw given to him immediately prior to, during, or immediately following a violation of paragraph I is guilty of riot. It is no defense to liability under this paragraph that withdrawal must take place over private property; provided, however, that no person so withdrawing shall incur criminal or civil liability by virtue of acts reasonably necessary to accomplish the withdrawal.
III. Upon the request of a police officer, any person present during a violation of paragraph I or II shall render assistance, other than the use of force, in the suppression of such violations. Any person refusing to render such assistance is guilty of a misdemeanor.
IV. Riot is a class B felony if, in the course of and as a result of the conduct, any person suffers physical injury, or substantial property damage or arson occurs, or the defendant was armed with a deadly weapon, or knowingly throws or causes to propel any object or substance of any kind at any uniformed law enforcement officer or uniformed emergency responder, regardless of whether such object actually strikes the uniformed law enforcement officer or uniformed emergency responder, except that if the deadly weapon was a firearm, he or she shall be sentenced in accordance with RSA 651:2, II-g. Otherwise, it is a misdemeanor.
V. (a) If the conduct comprising the offense of riot occurred within any municipality in which a student housing facility owned by a public institution of higher education is located, or in any adjacent municipality, the following penalties may be imposed, in addition to those set forth in RSA 651:
(1) The court may order the individual not to enter the campus of any public institution of higher education in this state as follows:
(A) If the offense is a felony, for a period of time not to exceed 2 years following the imposition of sentence or the completion of any term of imprisonment.
(B) If the offense is a misdemeanor, for a period of time not to exceed one year following the imposition of sentence or the completion of any term of imprisonment.
(2) The court may order the individual to pay restitution to the public institution of higher education and, if appropriate, any municipality for expenses incurred as a result of the riot. The amount shall be reasonable and shall not exceed the individual's fair and reasonable share of the costs.
(b) An order issued under this section shall not apply to any of the following:
(1) Entering onto the campus of a public institution of higher education to obtain medical treatment.
(2) Traveling on a public roadway situated on the campus of a public institution of higher education for the purpose of traveling to a location other than on such campus.
(c) For the purposes of this section, "public institution of higher education" shall include any public community college, public college, or public university.
Source. 1971, 518:1. 1990, 95:8. 2004, 87:1, eff. May 7, 2004; 168:1, eff. Jan. 1, 2005.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1974–2021 · leading case: State v. Belkner, 374 A.2d 938 (N.H. 1977).
State v. Belkner, 374 A.2d 938 (N.H. 1977). “Defendants were all tried by jury and convicted of riot as a class B felony pursuant to RSA 644:1 1(a) and RSA 644:1 IV. Defendants raise a multitude of issues claiming that they did not receive a fair trial.”
State v. Kousounadis, 986 A.2d 603 (N.H. 2009). “, RSA 630:1-a, I (2007) (first degree murder); RSA 635:1, II (2007) (class A felony burglary); RSA 644:1, IV (2007) (class B felony riot); RSA 651:2, II-g (deadly weapon enhanced sentencing).”
State v. McMinn, 690 A.2d 1017 (N.H. 1997). “), the defendant, Matthew McMinn, was convicted of criminal mischief, see RSA 634:2 (1996), and riot, see RSA 644:1, I(a) (1996). On appeal, the defendant argues that the trial court erred in: (1) denying his request for a mistrial based on circumstances surrounding the…”
In re Nathan L., 776 A.2d 1277 (N.H. 2001). “, was charged as a delinquent with second-degree assault, RSA 631:2, 1(a) (1996), and riot, RSA 644:1, 1(a) (1996). After a bench trial in Concord District Court, the Court (Robbins, J.”
State v. Garcia, 33 A.3d 1087 (N.H. 2011). “The defendant, Robinson Garcia, was certified as an adult and convicted of one count of second-degree murder, see RSA 630:l-b, 1(b) (2007), and one count of riot, see RSA 644:1,1 (2007). On appeal, he argues that the Superior Court (O’Neill, J.”
Schlamp v. State, 891 A.2d 327 (Md. 2006). “§ 45-8-103; N.H.RevStat. Ann. § 644:1; N.Y. Penal Law §§ 240.”
State v. Inselburg, 330 A.2d 457 (N.H. 1974). “See Comment of Commission to Recom *831 mend Codification of Criminal Laws to RSA 644:1 (Riot) (Supp. 1973). The imminence required by our interpretation of RSA 609-AT II in Albers is satisfied by evidence indicating that defendants positioned themselves in the driveway from the…”
State of New Hampshire v. Joshua Heredia (N.H. 2021). “), on one count of simple assault, see RSA 631:2-a (2016); RSA 651:6, I(g) (2016), and two class B felony counts of riot, see RSA 644:1, I(a), IV (2016). The defendant argues that the trial court erred by: (1) denying his motion to strike one of the jurors for cause; and (2)…”
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