{"data":{"id":"us-hi/haw.-rev.-stat.-711-1103","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 711-1103","heading":"Riot.","body":"(1) A person commits the offense of riot if the person participates with five or more other persons in a course of disorderly conduct:\n\n(a) With intent to commit or facilitate the commission of a felony; or\n\n(b) When the person or any other participant to the person's knowledge uses or intends to use a firearm or other dangerous instrument in the course of the disorderly conduct.\n\n(2) Riot is a class C felony. [L 1972, c 9, pt of §1; gen ch 1993]\n\nCOMMENTARY ON §711-1103\n\nIn light of recent demonstrations by students and other militants, the importance of well-drafted statutes relating to riot, unlawful assembly, and disorderly conduct is self-evident. The goal is, on the one hand, not to curtail legitimate exercise of the rights of free speech and free assembly and, on the other hand, to give the police a useful tool to employ against conduct which involves crime or physical danger and which is no longer afforded constitutional protection.\n\nRiot is the most serious of the offenses against public order. It is made a class C felony both because of the greater number of participants and because of the unlawful objectives. At least six persons must be involved (the defendant and five others) in \"disorderly conduct,\" as that conduct is defined by §711-1101. This number of participants is taken from the previous Hawaii law and the Proposed Michigan Revised Criminal Code in preference to the Model Penal Code's smaller number of participants (three). Because §711-1103 defines riot in terms of aggravated disorderly conduct, it is necessary to prove the elements of disorderly conduct specified in §711-1101. In addition, there must be proof of one of two specified aggravating circumstances. Under subsection (1)(a) the accused must intend to commit or facilitate the commission of a felony. Subsection (1)(b) makes disorderly conduct riot when the accused or any other participant to the accused's knowledge uses or intends to use a dangerous instrument.\n\nSection 711-1103 is restrictively worded to prevent the use of the section to break up orderly demonstrations, meetings, or processions which happen to attract a hostile crowd, perhaps because unpopular views are being expressed. On the other hand, the section will be useful in breaking up disorderly demonstrations which threaten harm in one of the specified ways.\n\nIn the prior Hawaii law, riot was defined as:\n\nAny use of force or violence disturbing the public peace, or any threat or attempt to use such force or violence, if accompanied by immediate power of execution, by six or more persons acting together, and without authority or justification by law....[1]\n\nThe penalty for participating in any riot was a fine of not more than $1,000 or imprisonment of not more than two years or both.[2] There is no case law existing under this particular statute.","path":["HI Code","Division 5","Title 37","Chapter 711"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0711/HRS_0711-1103.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"4744c8f289d5e9b01e72349ead92579ddc5794efe1fbe52865058d6beeff1a11","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-711-1102","next":"us-hi/haw.-rev.-stat.-711-1104"},"notice":"GroundRules: Original legal text. Not legal advice."}