CRS § 18-9-102 – Inciting a Riot – Colorado Law & Penalties

3. How can I fight the charges?

Four potential defenses to Colorado charges of riot incitement are the following:

1. Less than five people. If the defendant revved up a crowd of four people or less, then incitement charges do not apply. Even if the riot consisted of five or more people, the defendant is responsible for only the people he or she specifically incited.
2. No incitement. Giving an impassioned speech or airing grievances is not incitement, even if the audience decides to riot afterward. As long as the defendant’s words and actions are protected free speech or do not rise to the level of provoking rioting, then the district attorney should drop the incitement charges.
3. Law enforcement misconduct. Criminal charges can potentially be dropped if police officers executed an unlawful search or seizure, committed entrapment, coerced a confession, or engaged in police brutality.
4. Self-defense. Self-defense is an affirmative defense to inciting a riot.³ For instance, if the defendant was being unlawfully attacked, stirring up other people to fight off the attackers could potentially justify the defendant’s incitement.

Note that it is not necessarily a defense to incitement charges that no rioting occurred. Incitement of a riot is still a criminal offense even if the riot never ends up occurring.

4. Is the criminal record sealable?

A Colorado conviction for inciting a riot can be sealed three years after the case ends. But if the charge gets dismissed, then there is no waiting period before the defendant can petition for a seal.⁴ Learn how to seal Colorado criminal records.

A Colorado conviction for violating CRS 18-9-102 can be sealed 3 years after the case closes.

5. Related offenses

Arming rioters

People who knowingly arm rioters with deadly weapons or destructive devices – or who knowingly teach people to use them for rioting – face class 4 felony charges. Penalties for arming rioters (CRS 18-9-103) include 2 to 6 years in prison and/or a fine of $2,000 to $500,000.

Engaging in a riot

Engaging in a riot is usually a class 2 misdemeanor under CRS 18-9-104. Penalties include up to 120 days in jail and/or up to $750 in fines. But if there was a threat of a deadly weapon used in the course of rioting, engaging in a riot is class 4 felony. Penalties include 2 to 6 years in prison and/or a fine of $2,000 to $500,000.

Disobedience of public safety orders during riots

Under CRS 18-2-301, it is a class 2 misdemeanor in Colorado if – during riot conditions or when a riot is impending – a person knowingly disobeys a peace officer or reasonable public safety order. Penalties include up to 120 days in jail and/or up to $750.

Disorderly conduct

Disorderly conduct (CRS 18-9-106) is a broad crime that encompasses breaching public peace, causing a public disturbance or fighting in a public place, or discharging a gun or displaying a deadly weapon. The offense can be charged as a misdemeanor or a petty offense.

Obstructing highways or other passageways

The crime of obstructing public highways (CRS 18-9-107) is intentionally obstructing or barricading any publicly accessible road, walkway, or passageway. Blocking funeral access is a class 2 misdemeanor, carrying up to 120 days in jail and/or up to $750 in fines. Otherwise, obstructing highways is a petty offense, carrying up to 10 days in jail and/or up to $300 in fines.

Disrupting a lawful assembly

It is a crime to intentionally interfere with or obstruct a gathering of people. Disrupting a lawful assembly (CRS 18-9-108) is usually a petty offense, carrying up to 10 days in jail and/or up to $300 in fines. But disrupting a funeral is a class 2 misdemeanor, carrying up to 120 days in jail and/or up to $750 in fines.

Criminal mischief

Criminal mischief (CRS 18-4-501) is knowingly damaging or destroying another person’s land or personal property. The crime can be a felony, misdemeanor, or petty offense depending on the extent of the damage done.

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