2006 Ohio Revised Code - 2917.02. Aggravated riot.

§ 2917.02. Aggravated riot.
 

(A)  No person shall participate with four or more others in a course of disorderly conduct in violation of section 2917.11 of the Revised Code: 

(1) With purpose to commit or facilitate the commission of a felony; 

(2) With purpose to commit or facilitate the commission of any offense of violence; 

(3) When the offender or any participant to the knowledge of the offender has on or about the offender's or participant's person or under the offender's or participant's control, uses, or intends to use a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code. 

(B) (1)  No person, being an inmate in a detention facility, shall violate division (A)(1) or (3) of this section. 

(2) No person, being an inmate in a detention facility, shall violate division (A)(2) of this section or section 2917.03 of the Revised Code. 

(C)  Whoever violates this section is guilty of aggravated riot. A violation of division (A)(1) or (3) of this section is a felony of the fifth degree. A violation of division (A)(2) or (B)(1) of this section is a felony of the fourth degree. A violation of division (B)(2) of this section is a felony of the third degree. 

(D)  As used in this section, "detention facility" has the same meaning as in section 2921.01 of the Revised Code. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 139 v S 199 (Eff 1-5-83); 140 v S 210 (Eff 7-1-83); 146 v S 2. Eff 7-1-96.
 

Not analogous to former RC § 2917.02 (GC § 12823-1; 122 v 130; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

The effective date is set by section 6 of SB 2. 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section is similar to the former offense of first degree riot, with three main differences. First, the conduct in which the offender and his fellow rioters engage is not characterized as "violent or tumultuous," but as disorderly conduct, defined in section 2917.11 of the Revised Code. Second, the element in this section dealing with purpose to commit or facilitate an offense involving violence includes violence against persons or property, whereas the former offense only contemplated violence against persons. Third, this section includes the offense of prison riot, formerly defined in a separate section. 

The significant element of riot, of whatever degree, is the corporate nature of the offense, i.e., it is committed by a group of 5 or more persons, thus giving the intended mischief a higher potential for harm. An offense under this section is designated a felony because it involves a greater risk of injury to persons or property than an offense under section 2917.03 of the Revised Code, riot. 

Aggravated riot is a felony of the fourth degree. Prison riot is a felony of the third degree, and sentence of imprisonment upon conviction must be served consecutively to any other sentence of imprisonment imposed on the offender.