Sec. 2. A person who, being a member of an unlawful assembly, recklessly, knowingly, or intentionally engages in tumultuous conduct commits rioting, a Class A misdemeanor. However, the offense is:

(1) a Level 6 felony if it:

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 5 felonybetween 1 and 6 yearsup to $10,000
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
Class A misdemeanorup to 1 yearup to $5,000
For details, see Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-7 and Ind. Code § 35-50-3-2

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Indiana Code 35-45-1-2

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Tumultuous conduct: means conduct that results in, or is likely to result in, serious bodily injury to a person or substantial damage to property. See Indiana Code 35-45-1-1
  • Unlawful assembly: means an assembly of five (5) or more persons whose common object is to commit an unlawful act, or a lawful act by unlawful means. See Indiana Code 35-45-1-1
(A) is committed while armed with a deadly weapon;

(B) results in serious bodily injury; or

(C) causes property damage of at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000); and

(2) a Level 5 felony if it:

(A) results in catastrophic injury or death; or

(B) causes property damage of at least fifty thousand dollars ($50,000).

As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.69; P.L.158-2013, SEC.521; P.L.94-2021, SEC.3.