 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
riot; planning; participation; racketeering
Purpose
Expands the classification of riot to include force or violence that results in property damage and adds riot as an act that may constitute conspiracy or racketeering.
Background
A person commits riot if, with two or more other persons acting together, the person recklessly uses force or violence or threatens to use force or violence, if the threat is accompanied by immediate power of execution which disturbs the public peace. Riot is classified as a class 5 felony (A.R.S. § 13-2903).
Conspiracy is classified as the intent to promote or aid an offense involving one or more persons who agree that at least one person will engage in conduct that constitutes the offense and one of the parties commits an overt act in furtherance of the offense, except that an overt act is not required when the object of the conspiracy is to commit a felony, burglary in the first degree or arson of an occupied structure (A.R.S. §§ 13-1003; 13-1508; and 13-1704).
Racketeering is any act that is punishable by imprisonment for more than one year and involves either: 1) terrorism, animal terrorism or ecological terrorism that results or is intended to result in a risk of serious physical injury or death; or 2) an outlined act, such as homicide or robbery, if committed for financial gain (A.R.S. § 13-2301).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Expands the criminal classification of riot to include an act or threat of force or violence that results in damage to another person's property.
2. Adds, to the criminal classification of conspiracy, riot as an offense that does not require an overt act in furtherance of the offense.
3. Adds riot to the definition of racketeering.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 16, 2026
KJA/KM/hk