• 1985 - Inciting Riot (Five or More Persons)
  • K-17.00
    • Disorderly Conduct
    • Prisons
    • Public Crimes
    • Public Crimes
    • Riots

  • A person who willfully [incites or urges five or more persons to create or engage in a riot] [gives commands, instructions, or directions to five or more persons in furtherance of a riot], is guilty of Inciting Riot.

     

    ESSENTIAL ELEMENTS OF OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements: (

     

    1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________;

     

    2) Willfully [incited or urged five or more persons to create or engage in a riot] [commenced, instructed, or directed five or more persons in the furtherance of a riot].

     

    DEFINITIONS "Riot" means a public disturbance involving an assembly of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function. [Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]


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    • 12.1-05-04
    • 12.1-06-01
    • 12.1-06-02
    • 12.1-25-01
    • Huss v. Ringo, 39 NW2d 505 (ND 1949)
    • Newman v. Sears, Roebuck & Co., 43 NW2d 411 (ND 1950)
    • State v. Columbus Hall Ass’n., 27 NW2d 664 (ND 1947)
    • State v. Hidanovic, 2008 ND 66, 747 NW2d 463
  • Notes: Under subsection 3 of NDCC 12.1-25-01, a conviction for attempting, soliciting, or conspiring to commit the offense of Inciting Riot require that the prohibited conduct entails a "substantial likelihood" that a violation of the section will occur. See NDCC 12.1-06-01, 12.1-06-02, 12.1-05-04. 2009 - reviewed with no changes; citation added