Can You Be Arrested For Rioting In Texas?

It's not something that happens often, and definitely not in Texas, but they do happen and people have a tendency to get wrapped up in them. It's usually in response to something divisive that has happened and creates some sort of public outrage.

The last TRUE one we had was the one that happened at the Capitol after the last presidential election, and that's why it's starting to surface back up in the news.

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Yes, I'm talking about riots. However, there are a lot of surprising things you may not know about riots. We saw some people end up being arrested and charged with crimes after the Capitol one, but that was an extreme riot and things that happened on government property. You usually get arrested for that sort of thing.

So the question is, can you be arrested for participating in a riot here in Texas? You absolutely can, and it's easier to get arrested than you think. Let's break this down.

HOW MANY PEOPLE IS CONSIDERED A RIOT

Usually when we hear the word riot, we think of hundreds of angry people running around with torches, breaking windows to businesses, etc. Well, by definition, a riot in Texas only requires seven people to be involved.

Think about that. You and some friends could be coming out of a huge win from your sports team, and because there are more than seven of you and you are hopped up on the victory, you could be considered rioters. Wild isn't it?

WHAT CONSTITUTES A RIOT

As stated above, when you think about a riot, you expect tons of damage, people running around with torches, etc. Yes, those riots do happen, but there are three things that actually are considered rioting, and it's not what you think.

The three things are as follows:

1) Creating a risk of property damage or injury: You don't need to actually damage property or injure someone, just create the opportunity for it

2) Obstructing police or other governmental activities: This is exactly what happened at the Capitol on that January day, and it's why so many were arrested for it

3) Interfering with another person's rights: This one is the broadest of them. It could be ANYTHING that gets in the way of a citizen being allowed to exercise their legal right. Something like blocking a door for someone to go in and cast their vote in an election would qualify.

IS IT EASY TO BE CONVICTED OF RIOTING

According to this, it's actually relatively difficult to be proven in a court of law. There is a lot that needs to be proven in order for you to be convicted. They have to prove that you had intent to be a part of the riot.

The example used is wrapped around sports. Your team just won a big game, and you're headed home. You see a large group of people and you believe they're celebrating the big win. You decide to jump in a celebrate with them for a little bit.

Later, you find out that they were actually NOT celebrating the win, but protesting something and creating a mess by vandalizing property. If you were arrested for that, you most likely wouldn't be found guilty of being a part of it since you had no idea that's what was going on.

IN CONCLUSION

I bring up the rioting simply because we are in an election year, and it's shaping up to be one of the most hotly contested elections in recent history. There will be some disruptions around the country, and I want you to be informed before you get too wrapped up in something going on.

Have your opinion, voice it, but be careful. Remember, it only take seven of you to create a riot in Texas.