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Indiana criminal charge

Rioting in Indiana

Current through 2026 Indiana legislative session

Rioting is a criminal offense under Indiana law, defined by Ind. Code § 35-45-1-2. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Ind. Code § 35-45-1-2.

What is the penalty for rioting in Indiana?

Penalties for Rioting
PenaltyRangeBasisAuthority
Jail / prisonup to 1 year (Rioting (base offense) — A member of an unlawful assembly recklessly, knowingly, or intentionally engages in tumultuous conduct.)discretionaryInd. Code § 35-50-3-2
Fineup to $5,000 (Rioting (base offense) — A member of an unlawful assembly recklessly, knowingly, or intentionally engages in tumultuous conduct.)discretionaryInd. Code § 35-50-3-2
Jail / prison6 months to 30 months (Rioting while armed with a deadly weapon — The rioting offense is committed while the person is armed with a deadly weapon.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c)))presumptiveInd. Code § 35-50-2-7
Fineup to $10,000 (Rioting while armed with a deadly weapon — The rioting offense is committed while the person is armed with a deadly weapon.)discretionaryInd. Code § 35-50-2-7
Jail / prison6 months to 30 months (Rioting resulting in serious bodily injury — The rioting offense results in serious bodily injury.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c)))presumptiveInd. Code § 35-50-2-7
Fineup to $10,000 (Rioting resulting in serious bodily injury — The rioting offense results in serious bodily injury.)discretionaryInd. Code § 35-50-2-7
Jail / prison1 years to 6 years (Rioting resulting in catastrophic injury or death — The rioting offense results in catastrophic injury or death.; fixed term; advisory sentence 3 years)presumptiveInd. Code § 35-50-2-6
Fineup to $10,000 (Rioting resulting in catastrophic injury or death — The rioting offense results in catastrophic injury or death.)discretionaryInd. Code § 35-50-2-6
Jail / prison1 years to 6 years (Rioting causing property damage of at least $50,000 — The rioting offense causes property damage of at least $50,000.; fixed term; advisory sentence 3 years)presumptiveInd. Code § 35-50-2-6
Fineup to $10,000 (Rioting causing property damage of at least $50,000 — The rioting offense causes property damage of at least $50,000.)discretionaryInd. Code § 35-50-2-6

Applies to current.

How is rioting classified in Indiana?

The classification depends on the circumstances:

Classification variants for Rioting
VariantClassificationWhen it appliesStatute
Rioting (base offense)Class A MisdemeanorA member of an unlawful assembly recklessly, knowingly, or intentionally engages in tumultuous conduct.Ind. Code § 35-45-1-2undefined
Rioting while armed with a deadly weaponLevel 6 FelonyThe rioting offense is committed while the person is armed with a deadly weapon.Ind. Code § 35-45-1-2undefined
Rioting resulting in serious bodily injuryLevel 6 FelonyThe rioting offense results in serious bodily injury.Ind. Code § 35-45-1-2undefined
Rioting resulting in catastrophic injury or deathLevel 5 FelonyThe rioting offense results in catastrophic injury or death.Ind. Code § 35-45-1-2undefined
Rioting causing property damage of at least $50,000Level 5 FelonyThe rioting offense causes property damage of at least $50,000.Ind. Code § 35-45-1-2undefined

Common questions about rioting in Indiana

Is rioting a felony or a misdemeanor in Indiana?

It depends on the circumstances: rioting ranges from a Class A Misdemeanor to a Level 5 Felony in Indiana under Ind. Code § 35-45-1-2.

Rioting (base offense): Class A Misdemeanor (Ind. Code § 35-45-1-2) · Rioting while armed with a deadly weapon: Level 6 Felony (Ind. Code § 35-45-1-2) · Rioting resulting in serious bodily injury: Level 6 Felony (Ind. Code § 35-45-1-2) · Rioting resulting in catastrophic injury or death: Level 5 Felony (Ind. Code § 35-45-1-2) · Rioting causing property damage of at least $50,000: Level 5 Felony (Ind. Code § 35-45-1-2)

What are the penalties for rioting in Indiana?

Penalties for rioting in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 5 Felony — with the ranges set by Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7 and Ind. Code § 35-50-2-6; the full table of ranges by variant is published on this page.

Which Indiana statute covers rioting?

Rioting is governed by Ind. Code § 35-45-1-2 (Rioting).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.