OFFENSES AGAINST PUBLIC ORDER AND DECENCY: RIOT and OBSTRUCTING HIGHWAY

“Riot” means the assemblage of seven or more persons resulting in conduct which: 

  •  creates an immediate danger of damage to property or injury to persons; 
  • substantially obstructs law enforcement or other governmental functions or services;  
  • by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right. 

A person commits an offense if he knowingly participates in a riot. It is a defense to prosecution that the assembly was at first lawful and when one of those assembled manifested an intent to engage in conduct enumerated, the actor retired from the assembly. 

It is no defense to prosecution that another who was a party to the riot has been acquitted, has not been arrested, prosecuted, or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution. 

OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY.  

A person commits an offense if, without legal privilege or authority, he intentionally, knowingly, or recklessly: 

  • obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others; 
  • disobeys a reasonable request or order to move issued by a person the actor knows to be or is informed is a peace officer, a fireman, or a person with authority to control the use of the premises to prevent obstruction of a highway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard. 

“Obstruct” means to render impassable or to render passage unreasonably inconvenient or hazardous. 

An offense is a Class B misdemeanor, except that the offense is a state jail felony if, in committing the offense, the actor knowingly: 

  • prevents the passage of an authorized emergency vehicle, that is operating the vehicle’s emergency audible or visual signals  
  • obstructs access to a hospital, or other health care facility that provides emergency medical care 

 
An offense could be classified as a state jail felony if it is shown on the trial of the offense that, at the time of the offense, the person was operating a motor vehicle while engaging in a reckless driving exhibition, and: 

  • the person has previously been convicted of an offense; 
  •  at the time of the offense, the person was operating a motor vehicle while intoxicated;  
  • a person suffered bodily injury as a result of the offense. 

“Rereckless driving exhibition” means an operator of a motor vehicle, on a highway or street and in the presence of two or more persons assembled for the purpose of spectating the conduct, intentionally: 

  • breaking the traction of the vehicle’s rear tires; 
  • spinning the vehicle’s rear tires continuously by pressing the accelerator and increasing the engine speed;  
  • steering the vehicle in a manner designed to rotate the vehicle. 

As always, the best option is to contact Atlas Bail and go over available info and all the details. With our experience, knowledge, and great customer service, we can have your loved ones back to you as soon as the law will allow us. From the moment you show up in our office we understand your need for guidance and help. The fact that a person is in jail is only the beginning of the process. Selecting AAA Atlas Bail is an important first step. With years of experience in our office, we most definitely will have the right answer for you. 

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