New Jersey statute

N.J.S.A. 2C:33-1 — Riot; failure to disperse

Current through P.L.2025, c.346, and J.R.22

Part of Chapter 33, New Jersey Statutes.

Criminal charges under this statute

Riot; failure to disperse

Full text of N.J.S.A. 2C:33-1

Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.

N.J.S.A. 2C:33-1Primary source, current through the P.L.2025, c.346, and J.R.22

2C:33-1. a. Riot. A person is guilty of riot if the person participates with four or more other persons in a course of disorderly conduct as defined in subsection a. of N.J.S.2C:33-2: (1) With purpose to commit or facilitate the commission of a crime; (2) With purpose to prevent or coerce official action; or (3) When he or any other participant, known to him, uses or plans to use a firearm or other deadly weapon. Riot if committed under circumstances set forth in paragraph (3) is a crime of the third degree. Otherwise riot is a crime of the fourth degree. b. Failure of disorderly persons to disperse upon official order. Where five or more persons are participating in a course of disorderly conduct as defined in subsection a. of N.J.S.2C:33-2 likely to cause substantial harm, a peace officer or other public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse. A person who refuses or knowingly fails to obey such an order commits a disorderly persons offense. c. Public Brawl. A person is guilty of inciting a public brawl if: (1) the person acts with purpose to incite a group of four or more other persons imminently to engage in a course of disorderly conduct as defined in subsections a. or d. of N.J.S.2C:33-2 or acts with purpose to produce such imminent course of disorderly conduct by a group of four or more persons; and (2) the person's actions are likely to incite or produce such imminent course of disorderly conduct by a group of four or more persons. Inciting a public brawl is a crime of the fourth degree if the person acts with purpose to incite or produce the course of disorderly conduct defined in subsection a. of N.J.S.2C:33-2; otherwise, it is a disorderly persons offense. Notwithstanding the provisions of N.J.S.2C:1-8, a conviction of inciting a public brawl shall not merge with the offense of riot pursuant to subsection a. of this section or disorderly conduct pursuant to subsections a. or d. of N.J.S.2C:33-2. L.1978, c. 95, s. 2C:33-1, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 63, eff. Sept. 1, 1979; L.1981, c. 290, s. 35, eff. Sept. 24, 1981; 2025, c.59, s.1.

Official sources

justia: N.J.S.A. 2C:33-1

Legal terms used in this section

Questions this section answers

What degree of offense is riot; failure to disperse in New Jersey?

It depends on the circumstances: riot; failure to disperse ranges from a disorderly persons offense to a crime of the third degree in New Jersey under N.J.S.A. 2C:33-1.

Riot with firearm/deadly weapon: crime of the third degree (N.J.S.A. 2C:33-1) · Riot (other circumstances): crime of the fourth degree (N.J.S.A. 2C:33-1) · Failure to disperse: disorderly persons offense (N.J.S.A. 2C:33-1) · Inciting a public brawl - purpose to incite disorderly conduct under 2C:33-2a: crime of the fourth degree (N.J.S.A. 2C:33-1) · Inciting a public brawl - other circumstances: disorderly persons offense (N.J.S.A. 2C:33-1)

Which New Jersey statute covers riot; failure to disperse?

Riot; failure to disperse is governed by N.J.S.A. 2C:33-1 (Riot; failure to disperse).

This reference is informational and is not legal advice.