Understanding Michigan’s Riot Laws and Penalties

[KLAW Blog]

Understanding Michigan’s Riot Laws and Penalties

In any society, maintaining peace and order is paramount. Michigan, like other states, has specific laws in place to address situations of public unrest and violence.

To understand the legal framework and potential consequences of riot-related activities in the state you must read the law.  Also understand that the laws can be interpited and twisted in many ways to fit the prosecutions narrative and agenda depending on who you are and what you were taking a stand for.

Note: Other charges will be piled on these charges but we are just talking about the rioting laws in Michigan here.

Michigan Compiled Laws (MCL)
Chapter 750
RIOTS AND RELATED CRIMES
Act 302 of 1968

752.541 Riot.

Sec. 1.

   It is unlawful and constitutes the crime of riot for 5 or more persons, acting in concert, to wrongfully engage in violent conduct and thereby intentionally or recklessly cause or create a serious risk of causing public terror or alarm.

752.542 Inciting to riot.

Sec. 2.

   It is unlawful and constitutes incitement to riot for a person or persons, intending to cause or to aid or abet the institution or maintenance of a riot, to do an act or engage in conduct that urges other persons to commit acts of unlawful force or violence, or the unlawful burning or destroying of property, or the unlawful interference with a police officer, peace officer, fireman or a member of the Michigan national guard or any unit of the armed services officially assigned to riot duty in the lawful performance of his duty.

752.542a Riot at state correctional facility.

Sec. 2a.

   A person shall not willfully instigate, cause, attempt to cause, assist in causing, or conspire to cause a riot at a state correctional facility. As used in this section, “riot at a state correctional facility” means 3 or more persons, acting in concert, who intentionally or recklessly engage in violent conduct within a state correctional facility that threatens the security of the state correctional facility or threatens the safety or authority of persons responsible for maintaining the security of the state correctional facility.

752.543 Unlawful assembly.

Sec. 3.

   It is unlawful and constitutes an unlawful assembly for a person to assemble or act in concert with 4 or more persons for the purpose of engaging in conduct constituting the crime of riot, or to be present at an assembly that either has or develops such a purpose and to remain thereat with intent to advance such purpose.

752.544 Violation as felony; penalty.

Sec. 4.

  (1) A violation of section 1, 2, or 2a is a felony, punishable by not more than 10 years in prison or a fine of not more than $10,000.00, or both.

  (2) A violation of section 3 is a felony, punishable by not more than 5 years in prison or a fine of not more than $5,000.00, or both.

752.545 Repeal.

Sec. 5.

Sections 521 and 522 of Act No. 328 of the Public Acts of 1931, being sections 750.521 and 750.522 of the Compiled Laws of 1948, are repealed.

History: 1968, Act 302, Imd. Eff. July 1, 1968

750.521-750.522 Repealed. 1968, Act 302, Eff. July 1, 1968.

Compiler’s Notes: The repealed sections pertained to riots and unlawful assemblies; duty of officials to disperse; arrest on failure to disperse.

(Similar to qualified immunity one would guess but more likley because the purpose could be beneficial to one group and not another)

752.546 Effective date.

Sec. 6.

   This act shall take effect July 1, 1968.

 

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Index

Index and Information Source

Document	Type	Description
Section 752.541	Section	Riot.
Section 752.542	Section	Inciting to riot.
Section 752.542a	Section	Riot at state correctional facility.
Section 752.543	Section	Unlawful assembly.
Section 752.544	Section	Violation as felony; penalty.
Section 752.545	Section	Repeal.
Section 752.546	Section	Effective date.

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