2C:33-1. a. Riot. A person is guilty of riot if the person participates with four or more other persons in a course of disorderly conduct as defined in subsection a. of N.J.S.2C:33-2:
(1) With purpose to commit or facilitate the commission of a crime;
(2) With purpose to prevent or coerce official action; or
(3) When he or any other participant, known to him, uses or plans to use a firearm or other deadly weapon.
Riot if committed under circumstances set forth in paragraph (3) is a crime of the third degree. Otherwise riot is a crime of the fourth degree.
b. Failure of disorderly persons to disperse upon official order. Where five or more persons are participating in a course of disorderly conduct as defined in subsection a. of N.J.S.2C:33-2 likely to cause substantial harm, a peace officer or other public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse. A person who refuses or knowingly fails to obey such an order commits a disorderly persons offense.
c. Public Brawl. A person is guilty of inciting a public brawl if:
(1) the person acts with purpose to incite a group of four or more other persons imminently to engage in a course of disorderly conduct as defined in subsections a. or d. of N.J.S.2C:33-2 or acts with purpose to produce such imminent course of disorderly conduct by a group of four or more persons; and
(2) the person's actions are likely to incite or produce such imminent course of disorderly conduct by a group of four or more persons.
Inciting a public brawl is a crime of the fourth degree if the person acts with purpose to incite or produce the course of disorderly conduct defined in subsection a. of N.J.S.2C:33-2; otherwise, it is a disorderly persons offense. Notwithstanding the provisions of N.J.S.2C:1-8, a conviction of inciting a public brawl shall not merge with the offense of riot pursuant to subsection a. of this section or disorderly conduct pursuant to subsections a. or d. of N.J.S.2C:33-2.
Notes of Decisions
State v. Isiah T. McNeal (081112) (Cape May Cnty. & Statewide), 206 A.3d 382 (N.J. 2019).
“2C:12-13 ; and fourth-degree riot, contrary to N.J.S.A. 2C:33-1(a). The plea agreement provided defendant would be sentenced to an eight-year term of imprisonment subject to the No Early Release Act's eighty-five percent parole disqualifier, N.”
State of New Jersey Vs. Darien D. Anderson(14-12-2063, Monmouth Cnty. & Statewide), No. A-0821-15T1 (N.J. Super. Ct. App. Div. Nov. 2, 2017).
“at 67 (citation and internal quotation marks omitted), and therefore constituted tumultuous conduct under N.J.S.A. 2C:33-1(a)(1). In Stampone, we also determined defendant's conduct had no capacity to cause public inconvenience, annoyance, or harm because "[t]here was no…”
K.P. v. E.P., No. A-3549-21 (N.J. Super. Ct. App. Div. Jan. 23, 2024).
“2C:39-4(a); fourth-degree rioting, N.J.S.A. 2C:33-1(a)(2); fourth- degree resisting arrest, N.”
St. Fleur v. City of Linden, New Jersey, No. 2:15-cv-01464 (D.N.J. Aug. 30, 2019).
“rocess (Count One); an unspecified wrongful arrest claim (Count Three); a common law claim for malicious prosecution (Count Seven); a Monell municipal liability claim against Linden (Count Two); a claim for injunctive relief seeking to stop the Monell violations as alleged in…”
State of New Jersey v. Daiquan C. Blake, No. A-2241-22 (N.J. Super. Ct. App. Div. Oct. 24, 2024).
“He had one adult disorderly persons conviction for failure to disperse upon official order, N.J.S.A. 2C:33-1(b), in 2015, and one petty disorderly persons offense for disorderly conduct, N.”
State of New Jersey v. Byad Lockett, No. A-0249-23 (N.J. Super. Ct. App. Div. Mar. 16, 2026).
“2C:39-4(d); third-degree riot, N.J.S.A. 2C:33-1(a)(3); and third-degree endangering an injured victim, N.”
N.J. Stat. § 2C:33-1(a): 1 case
State v. Isiah T. McNeal (081112) (Cape May Cnty. & Statewide), 206 A.3d 382 (N.J. 2019).
“2C:12-13 ; and fourth-degree riot, contrary to N.J.S.A. 2C:33-1(a). The plea agreement provided defendant would be sentenced to an eight-year term of imprisonment subject to the No Early Release Act's eighty-five percent parole disqualifier, N.”
N.J. Stat. § 2C:33-1(a)(1): 2 cases
State of New Jersey Vs. Darien D. Anderson(14-12-2063, Monmouth Cnty. & Statewide), No. A-0821-15T1 (N.J. Super. Ct. App. Div. Nov. 2, 2017).
“at 67 (citation and internal quotation marks omitted), and therefore constituted tumultuous conduct under N.J.S.A. 2C:33-1(a)(1). In Stampone, we also determined defendant's conduct had no capacity to cause public inconvenience, annoyance, or harm because "[t]here was no…”
N.J. Stat. § 2C:33-1(a)(2): 1 case
K.P. v. E.P., No. A-3549-21 (N.J. Super. Ct. App. Div. Jan. 23, 2024).
“2C:39-4(a); fourth-degree rioting, N.J.S.A. 2C:33-1(a)(2); fourth- degree resisting arrest, N.”
N.J. Stat. § 2C:33-1(a)(3): 2 cases
State of New Jersey v. Byad Lockett, No. A-0249-23 (N.J. Super. Ct. App. Div. Mar. 16, 2026).
“2C:39-4(d); third-degree riot, N.J.S.A. 2C:33-1(a)(3); and third-degree endangering an injured victim, N.”
N.J. Stat. § 2C:33-1(b): 2 cases
St. Fleur v. City of Linden, New Jersey, No. 2:15-cv-01464 (D.N.J. Aug. 30, 2019).
“rocess (Count One); an unspecified wrongful arrest claim (Count Three); a common law claim for malicious prosecution (Count Seven); a Monell municipal liability claim against Linden (Count Two); a claim for injunctive relief seeking to stop the Monell violations as alleged in…”
State of New Jersey v. Daiquan C. Blake, No. A-2241-22 (N.J. Super. Ct. App. Div. Oct. 24, 2024).
“He had one adult disorderly persons conviction for failure to disperse upon official order, N.J.S.A. 2C:33-1(b), in 2015, and one petty disorderly persons offense for disorderly conduct, N.”
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