ORS 166.015¹

(1) A person commits the crime of riot if while participating with five or more other persons the person engages in tumultuous and violent conduct and thereby intentionally or recklessly creates a grave risk of causing public alarm.

(2) Riot is a Class C felony. [1971 c.743 §218]

Notes of Decisions

Under Former Similar Statute (Ors 166.040)

The names of co-participants were not an essential ele­ment of this of­fense. State v. Nussbaum, 261 Or 87, 491 P2d 1013 (1971)

In General

Where four of seven other men participated actively with defendant in fighting and the other three men stood at the scene of the fight to prevent friends of victim from coming to his aid, jury could find beyond a reasonable doubt that all seven men named in indict­ment participated by their deeds with defendant in tumultuous and violent con­duct. State v. Chavez, 65 Or App 534, 671 P2d 708 (1983), Sup Ct review denied

Where defendant and fellow gang member beat victim and other gang members gathered around and cheered during beating, there was sufficient evidence of concerted ac­tion for jury to find defendant guilty of riot. State v. Hicks, 120 Or App 345, 852 P2d 894 (1993), Sup Ct review denied

“Grave risk of public alarm” is not unconstitu­tionally vague descrip­tion because alarming public in general requires that alarm be objectively reasonable response to con­duct. State v. Chakerian, 135 Or App 368, 900 P2d 511 (1995), aff’d 325 Or 370, 938 P2d 756 (1997)

“Participating with” other per­sons means engaging in common disorder, not sharing of common purpose or intent. State ex rel Juvenile Dept. v. Saechao, 167 Or App 227, 2 P3d 935 (2000), Sup Ct review denied

Whether con­duct is “tumultuous and violent” depends on how con­duct viewed in whole would reasonably be perceived when related to specific situa­tion. State ex rel Juvenile Dept. v. Saechao, 167 Or App 227, 2 P3d 935 (2000), Sup Ct review denied

Law Review Cita­tions

In General

51 OLR 613-624 (1972)

Chapter 166

Law Review Cita­tions

51 OLR 427-637 (1972); 69 OLR 169 (1990)

1 Legislative Counsel Committee, CHAPTER 166—Offenses Against Public Order; Firearms and Other Weapons; Racketeering, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors166.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 166, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano166.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information