What Is the Law on Riot in New Hampshire and What Are the Punishments for It?
An Individual Found Guilty of a Riot When:
- He/she is together with at least two persons and gets involved in violent or tumultuous conduct thus recklessly or purposely creates a severe risk of triggering the public alarm; or
- The person gets together with at least two persons with the intention of getting involved thereafter in violent or tumultuous conduct with the belief that at least two individuals in that assembly nurture the same intent; or
- The person concerned gathers with at least two other people with the intention of committing a crime against another person or another person’s property that he/she believes to have violated the law and believes that at least two other people in the assembly had the same intention.
Also, any individual who disobeys to adhere with a legal order to withdraw immediately before, during, or instantly after the violation of the above paragraph is held guilty of participating in a riot.
When a police officer requests a person who is present to render assistance when there is any violation of the act mentioned above other than using force for suppressing such violations and the person refuses to give such assistance will be held guilty of committing a misdemeanor in New Hampshire.
In New Hampshire, Riot is considered a Class B Felony when a person suffers as a consequence of the conduct by succumbing to bodily injury or significant property damage or there is an occurrence of arson or the accused possessed a dangerous weapon or intentionally causes to propel or throws a substance or an object of any kind at any emergency responder in uniform or any law enforcement officer in uniform irrespective of whether such substance or object actually hits the emergency responder in uniform or the law enforcement officer in uniform except when the dangerous weapon was basically a firearm, he/she will be sentenced according to RSA 651:2 II-g. Else, the offense will be treated in the court as a Misdemeanor.
If any act constituting the crime of riot took place in a municipality wherein facility for housing the students owned by any public institution is situated, or in one of the adjacent municipalities, then the punishments mentioned below will be imposed in New Hampshire:
- The individual can be ordered by the court to not enter any public institution imparting higher education in New Hampshire as follows:
- In case the offense falls under the category of a Felony, the convicted may have to serve a prison term of up to two years after the completion of any imprisonment term or following the sentence imposed.
- When the offense falls under the category of a Misdemeanor, the guilty shall have to serve a prison term of up to 1 year following the imprisonment term or the sentence imposition.
- It is possible that the court directs the person to pay the restoration cost to the concerned public institution specializing in higher education and also to any municipality if applicable for the costs incurred as an aftermath of the riot. Such an amount will be reasonable, as well as, shall not go beyond the reasonable and fair share of the expenses for the individual.
Any order issued in accordance with the section will not be applicable for one or more of the following:
- When a person enters such a public institution’s campus for procuring medical treatment
- If they travel on a public road located on such a public institution’s campus for traveling to some other location instead of the campus.
According to this section, a “public institution of higher education” includes a public university, public college, or public community college.