New Jersey criminal charge
Riot; failure to disperse in New Jersey
Riot; failure to disperse is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:33-1. Its classification is not fixed: New Jersey 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 N.J.S.A. 2C:33-1.
What is the penalty for riot; failure to disperse in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 3 years to 5 years (Riot with firearm/deadly weapon — Riot is a third degree crime when the person or another known participant uses or plans to use a firearm or other deadly weapon.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Riot with firearm/deadly weapon — Riot is a third degree crime when the person or another known participant uses or plans to use a firearm or other deadly weapon.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Riot (other circumstances) — Riot committed without the firearm/deadly weapon circumstance is a fourth degree crime.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Riot (other circumstances) — Riot committed without the firearm/deadly weapon circumstance is a fourth degree crime.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (Failure to disperse — A person who refuses or knowingly fails to obey a lawful order to disperse commits a disorderly persons offense.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to $1,000 (Failure to disperse — A person who refuses or knowingly fails to obey a lawful order to disperse commits a disorderly persons offense.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 18 months (Inciting a public brawl - purpose to incite disorderly conduct under 2C:33-2a — Inciting a public brawl is a fourth degree crime when the person acts with purpose to incite or produce disorderly conduct as defined in subsection a. of N.J.S.2C:33-2.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Inciting a public brawl - purpose to incite disorderly conduct under 2C:33-2a — Inciting a public brawl is a fourth degree crime when the person acts with purpose to incite or produce disorderly conduct as defined in subsection a. of N.J.S.2C:33-2.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (Inciting a public brawl - other circumstances — Inciting a public brawl is a disorderly persons offense when the purpose relates to disorderly conduct under subsection d. rather than subsection a. of N.J.S.2C:33-2.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to $1,000 (Inciting a public brawl - other circumstances — Inciting a public brawl is a disorderly persons offense when the purpose relates to disorderly conduct under subsection d. rather than subsection a. of N.J.S.2C:33-2.) | discretionary | N.J.S.A. 2C:43-8 |
Applies to current.
How is riot; failure to disperse classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Riot with firearm/deadly weapon | Crime of the Third Degree | Riot is a third degree crime when the person or another known participant uses or plans to use a firearm or other deadly weapon. | N.J.S.A. 2C:33-1undefined |
| Riot (other circumstances) | Crime of the Fourth Degree | Riot committed without the firearm/deadly weapon circumstance is a fourth degree crime. | N.J.S.A. 2C:33-1undefined |
| Failure to disperse | Disorderly Persons Offense | A person who refuses or knowingly fails to obey a lawful order to disperse commits a disorderly persons offense. | N.J.S.A. 2C:33-1undefined |
| Inciting a public brawl - purpose to incite disorderly conduct under 2C:33-2a | Crime of the Fourth Degree | Inciting a public brawl is a fourth degree crime when the person acts with purpose to incite or produce disorderly conduct as defined in subsection a. of N.J.S.2C:33-2. | N.J.S.A. 2C:33-1undefined |
| Inciting a public brawl - other circumstances | Disorderly Persons Offense | Inciting a public brawl is a disorderly persons offense when the purpose relates to disorderly conduct under subsection d. rather than subsection a. of N.J.S.2C:33-2. | N.J.S.A. 2C:33-1undefined |
Common questions about riot; failure to disperse in New Jersey
What degree of offense is riot; failure to disperse in New Jersey?
It depends on the circumstances: riot; failure to disperse ranges from a Disorderly Persons Offense to a Crime of the Third Degree in New Jersey under N.J.S.A. 2C:33-1.
Riot with firearm/deadly weapon: Crime of the Third Degree (N.J.S.A. 2C:33-1) · Riot (other circumstances): Crime of the Fourth Degree (N.J.S.A. 2C:33-1) · Failure to disperse: Disorderly Persons Offense (N.J.S.A. 2C:33-1) · Inciting a public brawl - purpose to incite disorderly conduct under 2C:33-2a: Crime of the Fourth Degree (N.J.S.A. 2C:33-1) · Inciting a public brawl - other circumstances: Disorderly Persons Offense (N.J.S.A. 2C:33-1)
What are the penalties for riot; failure to disperse in New Jersey?
Which New Jersey statute covers riot; failure to disperse?
Riot; failure to disperse is governed by N.J.S.A. 2C:33-1 (Riot; failure to disperse).
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.