riot

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“The subject statute, Section 870.01(2), Florida Statutes (1973), reads as follows:

“‘All persons guilty of a riot, or of inciting or encouraging a riot, shall be guilty of a felony of the third degree, punishable as provided in s 775.082, s 775.083, or s 775.084.’

“The term ‘riot’ is not defined in the statute and, therefore, the common law definition must be applied. Fields v. State, 85 So.2d 609 (Fla.1956); Smith v. State, 80 Fla. 315, 85 So. 911; See 77 C.J.S. Riot s 1 a, pp. 421-422. The term ‘riot’ at common law is defined as a tumultuous disturbance of the peace by three or more persons, assembled and acting with a common intent, either in executing a lawful private enterprise in a violent and turbulent manner, to the terror of the people, or in executing an unlawful enterprise in a violent and turbulent manner. 1 Hawkins on Pleas of the Crown 513 (8th Ed. 1824); Ballantine’s Law Dictionary 1121 (3d Ed. 1969); Black’s Law Dictionary 1490 (4th Ed. 1968); Salem Manufacturing Company v. First American Fire Insurance Company, 111 F.2d 797 (9th Cir. 1940).

“When considering the offense of inciting to riot, the words uttered by such person or the act done by him must be such as to support a finding that they were said or done with intent to provoke a riot. In the light of all the circumstances, the language used must clearly intend to incite a breach of the peace. Commonwealth v. Egan, 113 Pa.Super. 375, 173 A. 764 (1934). We recognize that our statute may not be used to interfere with an individual’s right to free speech. See Gooding v. Wilson, 405 U.S. 518, 92 S.Ct. 1103, 31 L.Ed.2d 408 (1972). For our statute to be constitutional, the words used must be such that they advocate violence and tend to incite an immediate breach of the peace.”

J. Overton, State v. Beasley, 317 So.2d 750, 752-753 (Fla. 1975).