Public-domain · open source
OpenJurist

N.J. Stat. Ann. § 2C:33-1

Riot; failure to disperse

Known as the September 11th, 2001 Anti-Terrorism Act

The act spans §§ 2–2 (912 sections).

L.1978, c. 95, s. 2C:33-1, eff

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.

Current official text: New Jersey Legislature. Digitized from the New Jersey Legislature bulk statutes download. Reproduced from public-domain New Jersey statutes; confirm against the official source for the current text. Not legal advice.