The United States is currently facing uncertainty with the country’s future after the 2020 election. Emotions are running high and within these next few days, many will want to invoke their First Amendment right of Freedom of Speech. But, before acting on a whim, think twice and consider the legal consequences of your actions, such as, could your actions lead to the participation in an unlawful assembly or even a riot? Does Minnesota even differentiate between the two? The answer is yes, and the legal consequences differ as well.
What is an Unlawful Assembly?
Minnesota Statute §609.705 defines an unlawful assembly as:
- Three or more individuals,
- Who intend to use force to commit an unlawful act; or
- Who intend to carry out a purpose that will create a disturbance or threaten the public peace; or
- Who, even though assemble with a lawful purpose, still disturb or threaten the public peace by acting disorderly.
A person who is charged with unlawful assembly faces a misdemeanor which is punishable by up to 90 days in jail.
What is a Riot?
Minnesota Statute §609.71 defines three different degrees of rioting:
- The assembly of three or more individuals,
- Who disturb the public peace,
- By intentionally acting or threatening another or property with force or violence,
- Which results in a death, and
- One of the participants of the assembly possesses a dangerous weapon.
A person who is charged with riot in the first degree faces 20 years of imprisonment and/or a $35,000 fine.
- The assembly of three or more individuals,
- Who disturb the public peace,
- By intentionally acting or threatening another or property with force or violence, and
- All participants of the assembly either possess or know that the other participants possess a dangerous weapon.
A person who is charged with a riot in the second degree faces five years of imprisonment and/or a $10,000 fine.
- The assembly of three or more individuals,
- Who disturb the public peace,
- By intentionally acting or threatening another or property with force or violence.
A person who is charged with a riot in the third degree faces one year of imprisonment and/or $1,000 fine.
What is the Difference between an Unlawful Assembly and a Riot?
The primary difference between an unlawful assembly and a riot is that an unlawful assembly is the gathering of multiple individuals who disturb or threaten the public peace. A riot on the other hand is also the gathering of multiple individuals who disturb the public peace but adding the use of violence towards another person or property. The level of a riot charge can be more severe if it involves the participants possessing a dangerous weapon or conduct resulting in a death.
As our nation prepares for its future, think about the legal consequences of assembly before reacting to any high emotions you might experience.