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(A) No person shall participate with four or more others in a course of disorderly conduct in violation of Ohio R.C. § 2917.11 or a substantially equivalent municipal ordinance:
(1) With purpose to commit or facilitate the commission of a misdemeanor, other than disorderly conduct;
(2) With purpose to intimidate a public official or employee into taking or refraining from official action, or with purpose to hinder, impede, or obstruct a function of government;
(3) With purpose to hinder, impede, or obstruct the orderly process of administration or instruction at an educational institution, or to interfere with or disrupt lawful activities carried on at the institution.
(B) No person shall participate with four or more others with purpose to do an act with unlawful force or violence, even though the act might otherwise be lawful.
(C) Whoever violates this section is guilty of riot, a misdemeanor of the first degree.
(ORC § 2917.03)
(D) For the purposes of prosecuting violations of this section, the prosecution is not required to allege or prove that the offender expressly agreed with four or more others to commit any act that constitutes a violation this section prior to or while committing those acts.
(ORC § 2917.031) (1995 Code, § 132.01)
Statutory reference:
Aggravated riot, felony provisions, see Ohio R.C. § 2917.02
(A) Where five or more persons are participating in a course of disorderly conduct in violation of Ohio R.C. § 2917.11 or a substantially equivalent municipal ordinance, and there are other persons in the vicinity whose presence creates the likelihood of physical harm to persons or property or of serious public inconvenience, annoyance, or alarm, a law enforcement officer or other public official may order the participants and the other persons to disperse. No person shall knowingly fail to obey the order.
(B) Nothing in this section requires persons to disperse who are peaceably assembled for a lawful purpose.
(C) (1) Whoever violates this section is guilty of failure to disperse.
(2) Except as otherwise provided in division (C)(3) of this section, failure to disperse is a minor misdemeanor.
(3) Failure to disperse is a misdemeanor of the fourth degree if the failure to obey the order described in division (A) of this section creates the likelihood of physical harm to persons or is committed at the scene of a fire, accident, disaster, riot, or emergency of any kind.
(ORC § 2917.04) (1995 Code, § 132.02)
A law enforcement officer or firefighter engaged in suppressing a riot or in protecting persons or property during a riot:
(A) Is justified in using force, other than deadly force, when and to the extent he or she has probable cause to believe such force is necessary to disperse or apprehend rioters;
(B) Is justified in using force, including deadly force, when and to the extent he or she has probable cause to believe such force is necessary to disperse or apprehend rioters whose conduct is creating a substantial risk of serious physical harm to persons.
(ORC § 2917.05) (1995 Code, § 132.03)
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