Atlanta, Ga. - According to reports from the second day or protests and riots in Downtown Atlanta, authorities arrested over 150 alleged participants.
News outlets reported that hundreds of people had gathered once again outside of Centennial Olympic Park. Even though Mayor bottoms enacted a citywide curfew after the destruction, violence, and chaos that occurred on Friday, people continued to riot past the 9:00 pm deadline last night.
Police began arresting protestors when they started to get violent. Protestors looped over Peachtree Street, across the Connector, and the MLK National Historic Site. Several marches gathered stones and other objects along the march. Police resulted to bulk arrests and tear gas.
As a Georgia Criminal Defense Attorney, I will cover the law behind the criminal offense of inciting to riot in today's post.
Inciting to Riot in Georgia
According to the Georgia Code, Inciting to Riot in Georgia is defined in O.C.G.A. §16-11-31 as:
The offense of inciting to riot occurs when a person who with intent to riot does an act or engages in conduct which urges, counsels, or advises others to riot, at a time and place and under circumstances which produce a clear and present danger of a riot.
There are three elements that must be met in order for the offense of inciting to riot to have been committed. First, the defendant must engage in conduct that urges, counsels, or advises others to riot. Second, the defendant must engage in this conduct with an intent to riot. And third, all of this must occur at a time and place and under circumstances which produce a clear and present danger of a riot.
Inciting to riot in the state of Georgia is classified as a misdemeanor offense. If convicted of inciting to riot, then a person is facing up to 12 months in jail, up to $1,000 in fines, or both.
As with any crime in the state of Georgia, there are potential Georgia Criminal Defenses that can apply. If you or a loved one has been arrested, contact our offices today. We can help you now.