Student Guide – Appendices

APPENDIX 1: Minnesota Law Regarding Unlawful Assembly and Riots

609.705 UNLAWFUL ASSEMBLY

When three or more persons assemble, each participant is guilty of unlawful assembly, which is a misdemeanor, if the assembly is:

• with intent to commit any unlawful act by force; or
• with intent to carry out any purpose in such manner as will disturb or threaten the public peace; or
• without unlawful purpose, but the participants so conduct themselves in a disorderly manner as to disturb or threaten the public peace.

609.71 RIOT

Subdivision 1. Riot first degree.

• When three or more persons assembled disturb the public peace by an intentional act or threat of unlawful force or violence to person or property and a death results, and one of the persons is armed with a dangerous weapon, that person is guilty of riot first degree and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both.

Subd. 2. Riot second degree.

• When three or more persons assembled disturb the public peace by an intentional act or threat of unlawful force or violence to person or property, each participant who is armed with a dangerous weapon or knows that any other participant is armed with a dangerous weapon is guilty of riot second degree and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

Subd. 3. Riot third degree.

• When three or more persons assembled disturb the public peace by an intentional act or threat of unlawful force or violence to person or property, each participant therein is guilty of riot third degree and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $1,000, or both.