43 Questions
What is the penalty for committing aggravated inciting a riot?
Felony of the second degree
What happens to a person arrested for a violation of this section?
Held in custody until brought before the court
What is the minimum number of persons required to constitute an unlawful assembly?
Three
Who can disperse a riotous assembly?
Any peace officer
What is the penalty for refusing to aid and assist in seizing and securing rioters?
Misdemeanor of the second degree
What is the purpose of section 870.041?
To empower local officers to declare a state of emergency
What is the condition under which a person incites a riot resulting in great bodily harm to another person not participating in the riot?
Aggravated inciting a riot
What is the penalty for a person who incites a riot resulting in property damage in excess of $5,000?
Felony of the second degree
What is exempt from the provisions of this section?
Constitutionally protected activity such as a peaceful protest
Who is authorized to command assistance in seizing and securing rioters?
Any peace officer
What is the minimum number of people required to participate in a violent public disturbance to be considered a riot?
3
What is the penalty for committing a misdemeanor of the first degree?
Punishable as provided in s. 775.082 or s. 775.083
What is the result of a riot that includes injury to another person?
Felony of the third degree
What is aggravated rioting?
Participating in a riot with 25 or more people
What is the penalty for committing aggravated rioting?
Felony of the second degree
What is the result of inciting a riot?
Felony of the third degree
What is required for an affray to occur?
Mutual consent and fighting with another person in a public place
What is the penalty for committing a riot that results in property damage?
Felony of the third degree
What is the purpose of Section 870.07?
To provide an affirmative defense in civil actions for damages
How can a defendant establish an affirmative defense under Section 870.07?
By showing a prior conviction for riot or aggravated riot
What happens to a civil action when a defendant raises an affirmative defense under Section 870.07?
The court must stay the action during the pendency of a related criminal action
What type of evidence is required to establish the affirmative defense under Section 870.07?
Preponderance of the evidence
When can a court deny a defendant's request to stay a civil action under Section 870.07?
When the court finds that a conviction in the criminal action would not form a valid defense
Who is empowered to declare a state of emergency in unincorporated areas of a county?
The sheriff of the county
What is the primary condition for declaring a state of emergency?
There is a clear and present danger of a riot or other general public disorder
Which of the following is a prohibited act during a declared state of emergency?
The intentional display of firearms in a store
Who may designate a city official to declare a state of emergency in a municipality?
The city council of the municipality
What is the purpose of declaring a state of emergency?
To protect public peace and order
Which of the following is a discretionary emergency measure?
The establishment of curfews
What is the exception to the prohibition of pedestrian and vehicular movement during a declared state of emergency?
All of the above
Which of the following is NOT a prohibited act during a declared state of emergency?
The distribution of emergency supplies
Who is designated as the city official to assume duties during a state of emergency if no ordinance is adopted?
The chief of police of the municipality
What is the purpose of Section 870.041-870.047?
To provide emergency powers during a state of emergency
What is the main objective of the prohibition of sale or transfer of possession of gasoline or flammable liquids?
To ensure the safe transportation of such liquids
Who is responsible for declaring a state of emergency in the area or areas affected?
The public official
What is the duration of a state of emergency established under ss. 870.041-870.046?
72 hours
What is the penalty for violating a provision of ss. 870.041-870.047 or any emergency measure established pursuant thereto?
Misdemeanor of the first degree
Under what circumstances can a person be held guiltless and fully justified in law for killing or wounding someone?
When attempting to disperse an assembly
What is the requirement for a body of persons to associate themselves together as a military organization in the state?
Special license from the Governor for each occasion
What is the penalty for unlawfully engaging in the formation of a military organization or participating in such drill or parade?
Misdemeanor of the second degree
What is the purpose of filing and publication of a state of emergency or emergency measure?
To inform the public of the emergency
Who can terminate a state of emergency?
The county commission or city council
What is the requirement for the publication of a state of emergency declaration or emergency measure?
Delivery to appropriate news media for publication and radio and television broadcast
Study Notes
Riot-related Offenses
- A person commits an affray if they engage in fighting with another person in a public place, causing terror to the people. This is a misdemeanor of the first degree.
- A person commits a riot if they participate in a violent public disturbance with three or more people, resulting in injury, property damage, or imminent danger. This is a felony of the third degree.
- Aggravated rioting occurs when a person participates in a riot and:
- Has 25 or more people participating
- Causes great bodily harm to a non-participant
- Causes property damage exceeding $5,000
- Displays, uses, or threatens to use a deadly weapon
- Endangers the safe movement of a vehicle Aggravated rioting is a felony of the second degree.
- Inciting a riot occurs when a person willfully incites another to participate in a riot, resulting in a riot or imminent danger. This is a felony of the third degree.
- Aggravated inciting a riot occurs when a person:
- Incites a riot resulting in great bodily harm to a non-participant
- Incites a riot resulting in property damage exceeding $5,000
- Supplies a deadly weapon to another person in a riot Aggravated inciting a riot is a felony of the second degree.
Unlawful Assemblies
- If three or more people meet to commit a breach of the peace or an unlawful act, each person commits a misdemeanor of the second degree.
Law Enforcement Response to Riots
- Authorized officers (sheriffs, mayors, police officers, etc.) can declare a state of emergency and exercise emergency powers to disperse a riotous assembly.
- During a declared state of emergency, certain acts are prohibited, including:
- Sale or offer to sell ammunition or firearms
- Display of firearms in stores
- Possession of firearms in public
- Authorized officers can also impose curfews, prohibit the sale of alcoholic beverages, and restrict the possession of flammable liquids.
Penalties and Justification
- Violations of riot-related offenses can result in fines and imprisonment.
- Law enforcement officers and those acting under their direction are justified in their actions to disperse a riotous assembly and are not liable for injuries or deaths that occur during the dispersal process.
Unauthorized Military Organizations
- No group of people can associate as a military organization without a special license from the Governor, except for the regularly organized land and naval militia, US troops, and educational institutions.
- Unauthorized military organizations and participants in such organizations can be charged with a misdemeanor of the second degree.
This quiz covers the legal definitions and punishments for affrays and riots, including the elements of fighting in a public place and violent public disturbances.
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