Florida Statutes 870.01 – Affrays and riots
Current as of: 2023 | Check for updates
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(1) A person commits an affray if he or she engages, by mutual consent, in fighting with another person in a public place to the terror of the people. A person who commits an affray commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person commits a riot if he or she willfully participates in a violent public disturbance involving an assembly of three or more persons, acting with a common intent to assist each other in violent and disorderly conduct, resulting in:
For details, see Fla. Stat. § 775.082(3)(d), Fla. Stat. § 775.082(3)(e) and Fla. Stat. § 775.082(4)(a)
(a) Injury to another person;
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the second degree | up to 15 years | up to $10,000 |
| Felony of the third degree | up to 5 years | up to $5,000 |
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 870.01
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
(b) Damage to property; or
(c) Imminent danger of injury to another person or damage to property.
A person who commits a riot commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person commits aggravated rioting if, in the course of committing a riot, he or she:
(a) Participates with 25 or more other persons;
(b) Causes great bodily harm to a person not participating in the riot;
(c) Causes property damage in excess of $5,000;
(d) Displays, uses, threatens to use, or attempts to use a deadly weapon; or
(e) By force, or threat of force, endangers the safe movement of a vehicle traveling on a public street, highway, or road.
A person who commits aggravated rioting commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) A person commits inciting a riot if he or she willfully incites another person to participate in a riot, resulting in a riot or imminent danger of a riot. A person who commits inciting a riot commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) A person commits aggravated inciting a riot if he or she:
(a) Incites a riot resulting in great bodily harm to another person not participating in the riot;
(b) Incites a riot resulting in property damage in excess of $5,000; or
(c) Supplies a deadly weapon to another person or teaches another person to prepare a deadly weapon with intent that the deadly weapon be used in a riot for an unlawful purpose.
A person who commits aggravated inciting a riot commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) Except for a violation of subsection (1), a person arrested for a violation of this section shall be held in custody until brought before the court for admittance to bail in accordance with chapter 903.
(7) This section does not prohibit constitutionally protected activity such as a peaceful protest.