RIOT PARTICIPATION

Texas Penal Code § 42.02 defines riot and makes knowing participation in one an offense. A riot is an assemblage of seven or more persons resulting in conduct that creates an immediate danger of damage to property or injury to persons; that substantially obstructs law enforcement or other governmental functions or services; or that, 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. The State must prove the person knowingly participated in an assemblage meeting that definition — mere presence near a crowd is not participation. The statute supplies a defense where the assembly was at first lawful and the person retired from it once someone manifested an intent to engage in the prohibited conduct. Participants can also bear responsibility for offenses committed by others in furtherance of the riot.

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

Across 737 Texas bail settings for this charge (2 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $1,500 (middle half: $500 – $5,000). 11% of defendants were released on a personal bond, and bail was denied in 2 cases. When this was the only charge at booking (629 records), the median was $1,000 and 11% got a personal bond.

Showing the 2 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.