Indiana criminal charge
Rioting in Indiana
Rioting is a criminal offense under Indiana law, defined by Ind. Code § 35-45-1-2. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-45-1-2.
What is the penalty for rioting in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Rioting (base offense) — A member of an unlawful assembly recklessly, knowingly, or intentionally engages in tumultuous conduct.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Rioting (base offense) — A member of an unlawful assembly recklessly, knowingly, or intentionally engages in tumultuous conduct.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Rioting while armed with a deadly weapon — The rioting offense is committed while the person is armed with a deadly weapon.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Rioting while armed with a deadly weapon — The rioting offense is committed while the person is armed with a deadly weapon.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 6 months to 30 months (Rioting resulting in serious bodily injury — The rioting offense results in serious bodily injury.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Rioting resulting in serious bodily injury — The rioting offense results in serious bodily injury.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Rioting resulting in catastrophic injury or death — The rioting offense results in catastrophic injury or death.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Rioting resulting in catastrophic injury or death — The rioting offense results in catastrophic injury or death.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Rioting causing property damage of at least $50,000 — The rioting offense causes property damage of at least $50,000.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Rioting causing property damage of at least $50,000 — The rioting offense causes property damage of at least $50,000.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to current.
How is rioting classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Rioting (base offense) | Class A Misdemeanor | A member of an unlawful assembly recklessly, knowingly, or intentionally engages in tumultuous conduct. | Ind. Code § 35-45-1-2undefined |
| Rioting while armed with a deadly weapon | Level 6 Felony | The rioting offense is committed while the person is armed with a deadly weapon. | Ind. Code § 35-45-1-2undefined |
| Rioting resulting in serious bodily injury | Level 6 Felony | The rioting offense results in serious bodily injury. | Ind. Code § 35-45-1-2undefined |
| Rioting resulting in catastrophic injury or death | Level 5 Felony | The rioting offense results in catastrophic injury or death. | Ind. Code § 35-45-1-2undefined |
| Rioting causing property damage of at least $50,000 | Level 5 Felony | The rioting offense causes property damage of at least $50,000. | Ind. Code § 35-45-1-2undefined |
Common questions about rioting in Indiana
Is rioting a felony or a misdemeanor in Indiana?
It depends on the circumstances: rioting ranges from a Class A Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 35-45-1-2.
Rioting (base offense): Class A Misdemeanor (Ind. Code § 35-45-1-2) · Rioting while armed with a deadly weapon: Level 6 Felony (Ind. Code § 35-45-1-2) · Rioting resulting in serious bodily injury: Level 6 Felony (Ind. Code § 35-45-1-2) · Rioting resulting in catastrophic injury or death: Level 5 Felony (Ind. Code § 35-45-1-2) · Rioting causing property damage of at least $50,000: Level 5 Felony (Ind. Code § 35-45-1-2)
What are the penalties for rioting in Indiana?
Which Indiana statute covers rioting?
Rioting is governed by Ind. Code § 35-45-1-2 (Rioting).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.