Podcast
Questions and Answers
What is the penalty for committing aggravated inciting a riot?
What is the penalty for committing aggravated inciting a riot?
- Felony of the third degree
- Misdemeanor of the second degree
- Felony of the second degree (correct)
- Misdemeanor of the first degree
What happens to a person arrested for a violation of this section?
What happens to a person arrested for a violation of this section?
- Fined $500
- Held in custody until brought before the court (correct)
- Sentenced to community service
- Released on bail immediately
What is the minimum number of persons required to constitute an unlawful assembly?
What is the minimum number of persons required to constitute an unlawful assembly?
- Five
- Three (correct)
- Two
- Four
Who can disperse a riotous assembly?
Who can disperse a riotous assembly?
What is the penalty for refusing to aid and assist in seizing and securing rioters?
What is the penalty for refusing to aid and assist in seizing and securing rioters?
What is the purpose of section 870.041?
What is the purpose of section 870.041?
What is the condition under which a person incites a riot resulting in great bodily harm to another person not participating in the riot?
What is the condition under which a person incites a riot resulting in great bodily harm to another person not participating in the riot?
What is the penalty for a person who incites a riot resulting in property damage in excess of $5,000?
What is the penalty for a person who incites a riot resulting in property damage in excess of $5,000?
What is exempt from the provisions of this section?
What is exempt from the provisions of this section?
Who is authorized to command assistance in seizing and securing rioters?
Who is authorized to command assistance in seizing and securing rioters?
What is the minimum number of people required to participate in a violent public disturbance to be considered a riot?
What is the minimum number of people required to participate in a violent public disturbance to be considered a riot?
What is the penalty for committing a misdemeanor of the first degree?
What is the penalty for committing a misdemeanor of the first degree?
What is the result of a riot that includes injury to another person?
What is the result of a riot that includes injury to another person?
What is aggravated rioting?
What is aggravated rioting?
What is the penalty for committing aggravated rioting?
What is the penalty for committing aggravated rioting?
What is the result of inciting a riot?
What is the result of inciting a riot?
What is required for an affray to occur?
What is required for an affray to occur?
What is the penalty for committing a riot that results in property damage?
What is the penalty for committing a riot that results in property damage?
What is the purpose of Section 870.07?
What is the purpose of Section 870.07?
How can a defendant establish an affirmative defense under Section 870.07?
How can a defendant establish an affirmative defense under Section 870.07?
What happens to a civil action when a defendant raises an affirmative defense under Section 870.07?
What happens to a civil action when a defendant raises an affirmative defense under Section 870.07?
What type of evidence is required to establish the affirmative defense under Section 870.07?
What type of evidence is required to establish the affirmative defense under Section 870.07?
When can a court deny a defendant's request to stay a civil action under Section 870.07?
When can a court deny a defendant's request to stay a civil action under Section 870.07?
Who is empowered to declare a state of emergency in unincorporated areas of a county?
Who is empowered to declare a state of emergency in unincorporated areas of a county?
What is the primary condition for declaring a state of emergency?
What is the primary condition for declaring a state of emergency?
Which of the following is a prohibited act during a declared state of emergency?
Which of the following is a prohibited act during a declared state of emergency?
Who may designate a city official to declare a state of emergency in a municipality?
Who may designate a city official to declare a state of emergency in a municipality?
What is the purpose of declaring a state of emergency?
What is the purpose of declaring a state of emergency?
Which of the following is a discretionary emergency measure?
Which of the following is a discretionary emergency measure?
What is the exception to the prohibition of pedestrian and vehicular movement during a declared state of emergency?
What is the exception to the prohibition of pedestrian and vehicular movement during a declared state of emergency?
Which of the following is NOT a prohibited act during a declared state of emergency?
Which of the following is NOT a prohibited act during a declared state of emergency?
Who is designated as the city official to assume duties during a state of emergency if no ordinance is adopted?
Who is designated as the city official to assume duties during a state of emergency if no ordinance is adopted?
What is the purpose of Section 870.041-870.047?
What is the purpose of Section 870.041-870.047?
What is the main objective of the prohibition of sale or transfer of possession of gasoline or flammable liquids?
What is the main objective of the prohibition of sale or transfer of possession of gasoline or flammable liquids?
Who is responsible for declaring a state of emergency in the area or areas affected?
Who is responsible for declaring a state of emergency in the area or areas affected?
What is the duration of a state of emergency established under ss. 870.041-870.046?
What is the duration of a state of emergency established under ss. 870.041-870.046?
What is the penalty for violating a provision of ss. 870.041-870.047 or any emergency measure established pursuant thereto?
What is the penalty for violating a provision of ss. 870.041-870.047 or any emergency measure established pursuant thereto?
Under what circumstances can a person be held guiltless and fully justified in law for killing or wounding someone?
Under what circumstances can a person be held guiltless and fully justified in law for killing or wounding someone?
What is the requirement for a body of persons to associate themselves together as a military organization in the state?
What is the requirement for a body of persons to associate themselves together as a military organization in the state?
What is the penalty for unlawfully engaging in the formation of a military organization or participating in such drill or parade?
What is the penalty for unlawfully engaging in the formation of a military organization or participating in such drill or parade?
What is the purpose of filing and publication of a state of emergency or emergency measure?
What is the purpose of filing and publication of a state of emergency or emergency measure?
Who can terminate a state of emergency?
Who can terminate a state of emergency?
What is the requirement for the publication of a state of emergency declaration or emergency measure?
What is the requirement for the publication of a state of emergency declaration or emergency measure?
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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.
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