Criminal Records, Expungement Inquiring About certain laws in AZ, US

[komar]

To who may read this:

My name is clay, i am a resident in Arizona, US. I am here, due to the fact i want to learn more about riot laws pertaining to Arizona and the US

EG. What is considered a riot, what the consequences are and any other information

( i have looked at some laws but could not distinctly understand the meaning)

Thanks for the quick replies!

 

[CdwJava]

If yuo care to post some details, we might be of more help. But, here is the AZ definition of "riot":

13-2902. Unlawful assembly; classification

A. A person commits unlawful assembly by:

1. Assembling with two or more other persons with the intent to engage in conduct constituting a riot as defined in section 13-2903; or

2. Being present at an assembly of two or more other persons who are engaged in or who have the readily apparent intent to engage in conduct constituting a riot as defined in section 13-2903 and knowingly remaining there and refusing to obey an official order to disperse.

B. Unlawful assembly is a class 1 misdemeanor.​

13-2903. Riot; classification

A. A person commits riot if, with two or more other persons acting together, such person recklessly uses force or violence or threatens to use force or violence, if such threat is accompanied by immediate power of execution, which disturbs the public peace.

B. Riot is a class 5 felony. ​

- Carl

 

[komar]

I am inquiring about this because at my sons school the principle came on the loud speaker saying that: "If anyone starts a food fight.... I will call the police and recomend you be charged with inciting a riot"

That is what i am questioning, also... What is a Class 5 Felony, and what is the difference between a felony and a misdemeanor... Also, can this be expunged and if it were to happen if they dispersed when told by the official(s) would they still be eligible for conviction?

 

[komar]

Also would that be considered a riot or unlawfull assembly? (the food fight)

 

[CdwJava]

How serious an offense it is and how easy it might be to get it expunged should be irrelevant because it did not happen. I am not that well versed in AZ law so I can't say what the penalties might be or how to get them expunged. Hopefully he does not intend to this or he just might be charged with a riot ... and it does not take much for someone to get actually injured in such an affair. These things can get WAAAY out of hand, and people can get hurt.

If the food fight actually occurs, and people are struck by food, then I would say a "riot" has occurred.

If you want to know those specific details (about penalties and expungement), you will need to speak with a local attorney. As it sounds as if you are encouraging or permitting your son to instigate or participate in one (I suppose as a so-called "prank") it might be a good idea to consult an attorney before he engages in activity that could effect his future.

- Carl

 

[komar]

Thankyou for your replies( i am not encouraging my son, I just became intrigued in the idea and wanted to research it...)

Thankyou for your time.

~ Clay

 

[CdwJava]

Then, I apologize. It had the sound of a teen prank to me, and I have seen far too many of these go awry.

- Carl