NC · jury_instructions
N.C.P.I.—Crim. 236A.22
ENGAGING IN A RIOT. MISDEMEANOR.
The defendant has been charged with engaging in a riot.
For you to find the defendant guilty of this offense, the State must prove
two things beyond a reasonable doubt:
First, that there was a riot.
A riot is a public disturbance, involving an assemblage of three or more
persons which, by violent and disorderly conduct or the imminent threat of
violent and disorderly conduct,
[results in injury or damage to persons or property]
(or)
[creates a clear and present danger of injury or damage to persons or
property].
A public disturbance1 is any annoying, disturbing or alarming act or
conduct exceeding the bounds of social toleration normal for the time and
place in question. The disturbance must [occur in] [affect or be likely to affect
persons in] a [public place]2 [place to which [the public] [a substantial group]
has access]. ((Name place, i.e., the yard of Prospect Methodist Church) is a
[public place] [place to which [the public] [a substantial group] has access.])
((Name group, e.g., the Members of Prospect Church) are a substantial
group.))
Violent and disorderly conduct consists of:
a) [fighting or other violent conduct.]
b) [(an) [utterance] [gesture] [display] [abusive language] which
was intended by the person using it to provoke violent retaliation
and thereby cause a breach of the peace, and which was likely to
do so.]
c) [(Describe any other form of disorderly conduct relied upon by the
State. See N.C. Gen. Stat. § 14-288.4(a)(3) through (6)).]
And Second, that the defendant willfully engaged3 in the riot. Willfully
means intentionally and without justification or excuse.4
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant willfully engaged in a riot at (describe
place), it would be your duty to return a verdict of guilty. If you do not so find
or if you have a reasonable doubt as to one or more of these things, it would
be your duty to return a verdict of not guilty.
History
N.C.P.I.—Crim. 236A.22 (September 2023). N.C. Gen. Stat. § 14-288.2(b). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
44e9a0aa6554a1105ca8267362fbb8a07f9709b0f96ab66cdf851c06bbb6a886
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