Rioting

 

Franklin County Criminal Law Casebook

Reproduced with permission from:
David L. Strait and the Franklin County Public Defender Office
 

R.C. 2917.01 -- Inciting to violence
R.C. 2917.02 -- Aggravated riot
R.C. 2917.03 -- Riot
R.C. 2917.04 -- Failure to disperse
 
State v. Lessin (1993), 67 Ohio St. 3d 487 -- Inciting to violence prosecution arose from demonstration which included a flag burning, previously held to be a constitutionally protected activity. Syllabus: "When a criminal offense charged arises from conduct which encompasses both a constitutionally protected act and an act that is not constitutionally protected, failure of the trial court to instruct the jury that it may not consider evidence of the constitutionally protected act as proof of the defendant's guilt is reversible error."
 
In re Jesse S. (1998), 129 Ohio App. 3d 394 -- Dismissal of charges against one of five juveniles allegedly involved in an assault left the state one short of the five needed under the aggravated riot statute, but the court considered the victim a participant and found defendant guilty. Reversed.
 

Publishing Information

Published by David L. Strait
 
Copyright © Franklin County Public Defender and David L. Strait, 2015
 
Contents may not be duplicated without express permission.

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