(a) A riot is a public disturbance involving an assemblage of three or more persons which by disorderly and violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or damage to persons or property or creates a clear and present danger of injury or damage to persons or property.
(b) Any person who willfully engages in a riot is guilty of a Class 1 misdemeanor.
(c) Any person who willfully engages in a riot is guilty of a Class H felony if in the course of the riot the person brandishes any dangerous weapon or uses a dangerous substance.
(c1) Any person who willfully engages in a riot is guilty of a Class F felony if in the course of the riot the person causes property damage in excess of two thousand five hundred dollars ($2,500) or serious bodily injury.
(c2) Any person who willfully engages in a riot is guilty of a Class E felony if in the course of the riot the person causes a death.
(d) Any person who willfully incites another to engage in a riot and that inciting results in a riot or is directly and imminently likely to produce a riot is guilty of a Class A1 misdemeanor.
(e) Any person who willfully incites another to engage in a riot, and that inciting is a contributing cause of a riot in which there is property damage in excess of two thousand five hundred dollars ($2,500) or serious bodily injury, shall be guilty of a Class E felony.
(e1) Any person who willfully incites another to engage in a riot, and that inciting is a contributing cause of a riot in which there is a death, shall be guilty of a Class D felony.
(f) Any person whose person or property is injured by reason of a violation of this section may sue for and recover from the violator three times the actual damages sustained, as well as court costs and attorneys' fees.
(g) Mere presence alone without an overt act is not sufficient to sustain a conviction pursuant to this section. (1969, c. 869, s. 1; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, ss. 187, 188, 1225, 1226.; 1994, Ex. Sess., c. 24, s. 14(c); 2023-6, s. 1; 2023-71, s. 4(a).)
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 1971–2026 · leading case:
State v. Brooks, 215 S.E.2d 111 (N.C. 1975).
State v. Brooks, 215 S.E.2d 111 (N.C. 1975).
· cites it 9× “G.S. 14-288.2, the provision applicable in the instant cases wherein defendant was charged with inciting and engaging in a riot, was enacted as a part of *399 Chapter 869, 1969 Session Laws.”
Fuller v. Scott, 328 F. Supp. 842 (M.D.N.C. 1971).
· cites it 10× “” Riot is defined by North Carolina General Statute § 14-288.2 as a “public disturbance involving an assemblage of three or more persons which by disorderly and violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or damage to persons or…”
Golden Frinks v. State of North Carolina, George Kirby v. State of North Carolina, 468 F.2d 639 (4th Cir. 1972).
· cites it 6× “On or about the 10th or 11th day of June, 1971, each of the petitioners was arrested and charged under the North Carolina Anti-Riot Statute, see North Carolina General Statute § 14-288.2, with participation in a riot, and in the case of petitioner Frinks, with the additional…”
State v. Riddle, 262 S.E.2d 322 (N.C. Ct. App. 1980).
· cites it 2× “Under N.C. Gen. Stat. § 14-288.2 (a) the component elements that constitute the crime of riot are as follows: *36 (1) Public disturbance; (2) Assemblage; (3) Three or more persons; (4) Disorderly and violent conduct, or the imminent threat of such conduct; and (5) Results in…”
State v. Hunt, 394 S.E.2d 221 (N.C. Ct. App. 1990).
· cites it 2× “2 provides: (a) A riot is a public disturbance involving an assemblage of three or more persons which by disorderly and violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or damage to persons or property or creates a clear and present…”
State v. Mitchell, 429 S.E.2d 580 (N.C. Ct. App. 1993).
· cites it 3× “N.C. Gen. Stat. § 14-288.2 (a) sets out the elements for a riot as follows: (1) Public disturbance; (2) Assemblage; (3) Three or more *254 persons; (4) Disorderly and violent conduct, or the imminent threat of disorderly and violent conduct; and (5) Results in injury or damage…”
Frinks v. North Carolina, 333 F. Supp. 169 (E.D.N.C. 1971).
· cites it 2× “The North Carolina General Statute § 14-288.2 reads in pertinent part: “(a) A riot is a public disturbance involving an assemblage of three or more persons which by disorderly and violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or…”
State v. Sims (N.C. Ct. App. 2026).
· cites it 3× “” N.C. Gen. Stat. § 14-288.2 (a) (2025) (emphasis added).”
State v. Wilson (N.C. Ct. App. 2014).
· cites it 4× “As defined, the term is subsequently used to describe a riot in N.C. Gen. Stat. § 14-288.2 (2013) and to describe various types of disorderly conduct in N.”
State v. Brooks, 210 S.E.2d 535 (N.C. Ct. App. 1975).
· cites it 8× “*342 The statute involved in the cases in which defendant was charged with inciting and engaging in a riot, G.S. 14-288.2, was enacted as a part of Section 1 of Chap.”
— N.C. Gen. Stat. § 14-288.2(a) — 3 cases
State v. Brooks, 215 S.E.2d 111 (N.C. 1975).
“G.S. 14-288.2, the provision applicable in the instant cases wherein defendant was charged with inciting and engaging in a riot, was enacted as a part of *399 Chapter 869, 1969 Session Laws.”
State v. Brooks, 210 S.E.2d 535 (N.C. Ct. App. 1975).
“*342 The statute involved in the cases in which defendant was charged with inciting and engaging in a riot, G.S. 14-288.2, was enacted as a part of Section 1 of Chap.”
— N.C. Gen. Stat. § 14-288.2(b) — 2 cases
State v. Mitchell, 429 S.E.2d 580 (N.C. Ct. App. 1993).
“N.C. Gen. Stat. § 14-288.2 (a) sets out the elements for a riot as follows: (1) Public disturbance; (2) Assemblage; (3) Three or more *254 persons; (4) Disorderly and violent conduct, or the imminent threat of disorderly and violent conduct; and (5) Results in injury or damage…”
— N.C. Gen. Stat. § 14-288.2(d) — 2 cases
State v. Brooks, 215 S.E.2d 111 (N.C. 1975).
“G.S. 14-288.2, the provision applicable in the instant cases wherein defendant was charged with inciting and engaging in a riot, was enacted as a part of *399 Chapter 869, 1969 Session Laws.”
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