Texas Codes

Tex. Penal Code § 42.02 (2026)

Riot

✓ current as of May 2026

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Sec. 42.02. RIOT. (a) For the purpose of this section, "riot" means the assemblage of seven or more persons resulting in conduct which:

(1) creates an immediate danger of damage to property or injury to persons;

(2) substantially obstructs law enforcement or other governmental functions or services; or

(3) by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.

(b) A person commits an offense if he knowingly participates in a riot.

(c) It is a defense to prosecution under this section that the assembly was at first lawful and when one of those assembled manifested an intent to engage in conduct enumerated in Subsection (a), the actor retired from the assembly.

(d) It is no defense to prosecution under this section that another who was a party to the riot has been acquitted, has not been arrested, prosecuted, or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.

(e) Except as provided in Subsection (f), an offense under this section is a Class B misdemeanor.

(f) An offense under this section is an offense of the same classification as any offense of a higher grade committed by anyone engaged in the riot if the offense was:

(1) in the furtherance of the purpose of the assembly; or

(2) an offense which should have been anticipated as a result of the assembly.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions

Cited in 148 cases (142 in the last 5 years), 2006–2026 · leading case: Walters v. State, 247 S.W.3d 204 (Tex. Crim. App. 2007).

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Walters v. State, 247 S.W.3d 204 (Tex. Crim. App. 2007). “Other justifications relate to Protection of Property, Law Enforcement, and Special Relationships. Tex Pen.Code §§ 9.41-9.”

in the Matter of M.C., a Juv., 502 S.W.3d 852 (Tex. App. 2016). “See Tex. Penal Code Ann. § 42.02 (West 2011).”

Schlamp v. State, 891 A.2d 327 (Md. 2006). “§ 39-17-301; Tex. Penal Code Ann § 42.02; Utah Code Ann § 76-9-101; Va.”

Texas Dep't of Crim. Just. v. Cesar Rangel (Tex. 2020). · cites it 3× “TEX. PENAL CODE § 42.02. 6 The Department urges us to utilize that definition here.”

Texas Dep't of Crim. Just. v. Cesar Rangel (Tex. App. 2018).

in the Matter of X.S., a Juv. (Tex. App. 2022). “” TEX. PENAL CODE ANN. § 42.02(f). 3 Relying on Moon v.”

Ron DeSantis, Governor v. Dream Defenders (Fla. 2024). “015 (1) (1971); Tex. Penal Code § 42.02(a)(1) (1994). - 20 - In sum: a “violent public disturbance” under section 870.”

The State of Texas v. Yoni Leonardo Delacruz (Tex. App. 2025).

The State of Texas v. Yeferson Acosta (Tex. App. 2025).

The State of Texas v. Yanderlis Carolina Vargas (Tex. App. 2025).

The State of Texas v. Yalimet Orozco (Tex. App. 2025).

The State of Texas v. Victor Rafael Silva (Tex. App. 2025).

Show all 148 citing cases →

— Tex. Penal Code § 42.02(a) — 1 case

Texas Dep't of Crim. Just. v. Cesar Rangel (Tex. 2020). “TEX. PENAL CODE § 42.02. 6 The Department urges us to utilize that definition here.”

— Tex. Penal Code § 42.02(a)(1) — 1 case

Ron DeSantis, Governor v. Dream Defenders (Fla. 2024). “015 (1) (1971); Tex. Penal Code § 42.02(a)(1) (1994). - 20 - In sum: a “violent public disturbance” under section 870.”

— Tex. Penal Code § 42.02(f) — 1 case

in the Matter of X.S., a Juv. (Tex. App. 2022). “” TEX. PENAL CODE ANN. § 42.02(f). 3 Relying on Moon v.”

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