Free Speech Fiasco: When do Protests Become Illegal in Texas?
Great question! It turns out that not all protests remain peaceful. Every American has a constitutionally-protected right to publicly assemble in order to express their views. The problem, however, is when peaceful protests pass the gray line over to "riot" territory.
A Not So Quiet Riot
According to Texas law, "riot" refers to the gathering of seven or more people engaging in conduct that:
- Creates immediate danger or poses a threat to someone else's body and/or property
- Obstructs services of law enforcement or other government entities
- Deprives any other citizen of enjoying their legal rights by physical acts or even the threat of physical acts
Wanna know something else that's fun? If you and the lads participate in a protest that starts peaceful but soon turns into a riot, you can leave at that point and avoid involvement in legal consequences. Three cheers for the legal system!
Three Types of Riots
In Texas, common riots that arise are civil unrest, political, and economic.
- Civil Unrest: Citizens angry towards government decisions or rules. These often begin with peaceful intent but devolve into riots as time goes on. Police brutality, rallies and societal impacts are common examples
- Political: Usually centered around election season, these riots typically involve clashes between two or more political parties
- Economic: Job inequality, economic spirals and financial loss usually spark these riots. Strikes are typical sights during these riots as employees express their anger on companies
Riot Charges in Texas
According to the Texas Criminal Defense Group, like most legal situations, it all varies on factors like what the charges are, the severity of the actions performed, and the nature of the incident, but the GIST of charges include the following:
- Engaging in a riot can range from a Class B to a Class A Misdemeanor with a year in jail and a $4,000 fine
- Criminal Trespassing, a Class B Misdemeanor, and Assault, Class A Misdemeanor to Second-Degree Felony, are also possible
- Criminal Mischief is also a potential charge with penalties linked to First-Degree Felonies... ouch
Long story short: don't join six of your friends and damage property for the sake of your cause, it's not worth it!
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