Inciting a Riot in Colorado: Laws, Penalties, and Legal Process
Explore how Colorado law addresses riot-related offenses, from legal definitions to courtroom procedures and available defense strategies.
Riots can cause significant public disruption and safety threats, leading Colorado to treat inciting such events as a serious crime. Accusations of encouraging violence or unlawful acts during civil unrest can carry severe legal consequences.
This overview explains Colorado’s approach to inciting a riot charges and outlines the typical legal process involved.
Definition Under Colorado Law
Colorado law defines “inciting a riot” in Section 18-9-102 of the Colorado Revised Statutes.1Justia US Law. Colorado Revised Statutes Section 18-9-102 (2024) – Inciting Riot A person commits this offense by either inciting or urging a group of five or more people to engage in a current or impending riot, or by giving commands, instructions, or signals to such a group to further a riot.
The law focuses on the act of provocation or direction aimed at a group of at least five individuals concerning a riot that is happening or about to happen. This charge is distinct from the offense of participating in a riot, which is addressed separately under state law.2Justia US Law. Colorado Revised Statutes Section 18-9-104 (2024) – Engaging in a Riot
Elements and Burden of Proof
For a conviction of inciting a riot, the prosecution must prove specific elements beyond a reasonable doubt. These elements stem from Colorado Revised Statutes Section 18-9-102. The state must demonstrate that the accused either (a) incited or urged five or more people toward a current or impending riot, or (b) directed such a group through commands or signals in furtherance of a riot. Mere presence is insufficient; active provocation or direction must be shown.
The prosecution must also establish the context: the conduct targeted at least five people and related specifically to a “riot.” Colorado law defines a riot as a public disturbance where three or more people, through tumultuous and violent conduct, create a grave danger of damage or injury or substantially obstruct government functions.3Justia US Law. Colorado Revised Statutes Section 18-9-101 (2024) – Definitions While a riot involves three or more people acting violently, the charge of inciting a riot requires proof that the defendant targeted a group of five or more.
Proving the defendant’s mental state, or mens rea, is also required. While the statute doesn’t explicitly state it, Colorado’s criminal code generally requires proof that the defendant acted “intentionally” or “knowingly.” This means showing the defendant was aware of their actions and that these actions were practically certain to encourage or further a riot involving the required number of people.
In all Colorado criminal cases, the prosecution bears the entire burden of proof. The defendant is presumed innocent and need not present any evidence. The prosecution must prove every element of the offense—the act, the group size, the connection to a riot, and the mental state.
The standard of proof is “beyond a reasonable doubt,” the highest legal standard.4Colorado Judicial Branch. Understanding Reasonable Doubt (Jury Instructions) The evidence must be so convincing that no other logical explanation exists besides the defendant’s guilt. If the judge or jury has any reasonable doubt about even one element, they must acquit the defendant.
Potential Charges and Penalties
Inciting a riot in Colorado, under Section 18-9-102, carries penalties that vary based on the outcome of the incitement. If the act does not result in injury or property damage, it is classified as a class 1 misdemeanor, the most serious misdemeanor level in the state.
A conviction for this class 1 misdemeanor carries a potential sentence of up to 364 days in county jail, a fine of up to $1,000, or both, according to sentencing guidelines updated in 2022.5Colorado Department of Human Services. Misdemeanor Sentencing Chart (Effective March 2022)6Colorado General Assembly. SB21-271: Misdemeanor Reform
If the incitement leads to personal injury or property damage, the offense becomes a class 5 felony. This significantly increases the potential consequences.
Sentencing for a class 5 felony includes a presumptive prison term of one to three years in the Colorado Department of Corrections, followed by a mandatory two-year parole period.7Colorado Department of Human Services. Felony Sentencing Chart Fines can range from $1,000 to $100,000. The specific sentence depends on factors reviewed by the court.
Major Phases in Criminal Proceedings
Individuals accused of inciting a riot in Colorado navigate several phases within the criminal justice system, guided by state rules and statutes.
Arrest and Investigation
The process often starts with law enforcement responding to a potential incitement incident. An arrest can occur if officers have probable cause—a reasonable belief based on facts—that the offense was committed. This can stem from direct observation, witness statements, video evidence, or other information showing someone urged or directed five or more people toward rioting behavior. An arrest may happen with or without a warrant. After arrest, the individual is booked, recording personal details and the alleged crime. The investigation continues as police gather more evidence, such as witness interviews or digital analysis, which is then reviewed by the District Attorney’s office.
Pretrial Procedures
Following arrest, the accused must appear before a judge promptly, usually within 48 hours, for an advisement hearing. The judge informs the defendant of the potential charges, their constitutional rights (like the right to counsel and silence), and sets bail conditions based on factors like offense severity and community ties. If the District Attorney files formal charges, the case proceeds to arraignment, where the defendant enters a plea (guilty, not guilty, or no contest). For felony charges, a preliminary hearing may occur where a judge decides if probable cause exists for trial. During discovery, the prosecution shares its evidence, including potentially favorable evidence (exculpatory evidence), with the defense. Pretrial conferences allow discussions about plea agreements, and motion hearings address legal issues, like attempts to exclude unlawfully obtained evidence.
Trial Process
If the case isn’t resolved pretrial, it goes to trial. Defendants have a right to a jury trial but can choose a bench trial decided solely by a judge. The trial begins with jury selection (voir dire), where attorneys question potential jurors to form an impartial panel. Lawyers can challenge jurors “for cause” due to bias or use a limited number of “peremptory challenges” without stating a reason (though not based on discrimination). Opening statements follow, outlining each side’s expected evidence. The prosecution presents its case, calling witnesses and submitting evidence to prove guilt beyond a reasonable doubt. The defense can cross-examine witnesses and present its own case but isn’t required to. After rebuttal evidence, closing arguments summarize each side’s position. The judge instructs the jury on the law, specifically the elements of inciting a riot. The jury deliberates privately and must reach a unanimous verdict. A guilty verdict leads to sentencing; a not guilty verdict results in acquittal.
Defenses
Defendants facing charges for inciting a riot under Colorado Revised Statutes Section 18-9-102 have several potential defenses, often focused on challenging the prosecution’s ability to prove every element of the crime. One approach is disputing the facts, such as arguing the group addressed numbered fewer than the required five people, using evidence like video or witness accounts.
Another strategy targets the nature of the defendant’s words or actions, contending they did not constitute “incitement,” “urging,” or “commands” as defined by the statute. The defense might argue the speech was passionate advocacy or criticism, falling short of a direct call for imminent rioting.
The defense can also challenge whether a “current or impending riot” actually existed. They might argue the disturbance didn’t meet the legal definition of a riot (tumultuous, violent conduct by three or more people creating grave danger or obstructing government functions). If no qualifying riot existed, urging action within that context might not legally be incitement.
The defendant’s mental state (mens rea) offers another defense avenue. The defense could argue the defendant lacked the necessary intent, perhaps not intending to cause a riot or unaware their actions would likely lead to one. Evidence might suggest a misunderstanding of the situation or a different, non-criminal purpose behind their words.
Constitutional protections, especially the First Amendment right to free speech, are frequently invoked. The Supreme Court’s decision in Brandenburg v. Ohio (1969) set a high standard: speech is only unprotected incitement if it is (1) directed at inciting or producing imminent lawless action and (2) likely to do so.8Justia US Supreme Court Center. Brandenburg v. Ohio, 395 U.S. 444 (1969) A defense could argue the speech didn’t meet this test, perhaps lacking imminence or likelihood, thus remaining constitutionally protected expression, even if controversial.
Rights During Processing
Individuals taken into custody for inciting a riot in Colorado possess constitutional and statutory rights throughout the criminal justice process. Key among these is the Fifth Amendment right against self-incrimination, mirrored in the Colorado Constitution, meaning individuals cannot be forced to provide incriminating statements.9Justia US Law. Article II, Bill of Rights – Colorado Constitution
Related are the Miranda rights, which police must provide before a “custodial interrogation”—questioning someone who is under arrest or significantly deprived of freedom. These warnings inform the individual of their right to remain silent, that statements can be used against them, the right to an attorney, and the right to an appointed attorney if they cannot afford one. Statements obtained without these warnings during custodial interrogation may be inadmissible in court. Miranda warnings are only required during both custody and interrogation; volunteered statements are typically admissible.
The Sixth Amendment and the Colorado Constitution guarantee the right to counsel. An arrested person can request an attorney before or during police questioning. If invoked, questioning must stop until an attorney is present, unless the individual reinitiates communication. Colorado law (Section 16-3-402) grants arrested individuals the right to contact an attorney promptly after arrival at a detention facility and make reasonable calls to family.10FindLaw. Colorado Revised Statutes Section 16-3-402 – Right to Communicate With Attorney and Family If unable to afford counsel, the court will appoint one, usually from the public defender’s office.
The formal Sixth Amendment right to counsel begins once adversarial judicial proceedings start (e.g., formal charge, arraignment). From that point, the accused has the right to counsel at all critical stages, including court appearances and post-charge interrogations. Colorado procedures also mandate a prompt initial court appearance (advisement hearing), usually within 48 hours of arrest. Here, the judge informs the defendant of the charges, reiterates their rights, and addresses bail, ensuring they understand their legal situation early in the process.
