A person is guilty of the crime of criminal mischief if, acting with three or more other persons, he or she knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such force, against any other person or against property.
[Empty]
Except as provided in (b) of this subsection, the crime of criminal mischief is a gross misdemeanor.
The crime of criminal mischief is a class C felony if the actor is armed with a deadly weapon.
[Empty]
A person lawfully operating a motor vehicle on a highway is not liable for civil damages for injuries sustained to persons or property while reasonably attempting to avoid or flee a person who was violating this section.
A person shall not be immune from criminal prosecution or civil liability if the actions leading to the injury were willful or wanton.
(a) of this subsection shall not apply if the injured person participating in a protest or demonstration was doing so with a valid permit allowing persons to protest or demonstrate on the public street or highway where the injury occurred.
A person is guilty of failure to disperse if:
He or she congregates with a group of three or more other persons and there are acts of conduct within that group which create a substantial risk of causing injury to any person, or substantial harm to property; and
He or she refuses or fails to disperse when ordered to do so by a peace officer or other public servant engaged in enforcing or executing the law.
Failure to disperse is a misdemeanor.
[ 2011 c 336 § 410; 1975 1st ex.s. c 260 § 9A.84.020; ]
A person is guilty of disorderly conduct if the person:
Uses abusive language and thereby intentionally creates a risk of assault;
Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;
Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or
[Empty]
(A) The location where a funeral or burial is being performed;
(B) A funeral home during the viewing of a deceased person;
(C) A funeral procession, if the person described in this subsection (1)(d) knows that the funeral procession is taking place; or
(D) A building in which a funeral or memorial service is being conducted; and
ii. Knows that the activity adversely affects the funeral, burial, viewing, funeral procession, or memorial service.
Disorderly conduct is a misdemeanor.
[Empty]
A person lawfully operating a motor vehicle on a highway is not liable for civil damages for injuries sustained to persons or property while reasonably attempting to avoid or flee a person who was violating subsection (1)(c) of this section or was participating in an act of swarming under section 3 of this act at the time of the injury.
A person shall not be immune from criminal prosecution or civil liability if the actions leading to the injury were willful or wanton.
(a) of this subsection shall not apply if the injured person participating in a protest or demonstration was doing so with a valid permit allowing persons to protest or demonstrate on the public street or highway where the injury occurred.
A person commits false reporting if, with knowledge that the information reported, conveyed, or circulated is false, he or she initiates or circulates a false report or warning of an alleged occurrence or impending occurrence knowing that such false report is likely to cause: Evacuation of a building, place of assembly, or transportation facility; public inconvenience or alarm; or an emergency response.
[Empty]
A person is guilty of false reporting in the first degree if the report was made with reckless disregard for the safety of others, the false reporting caused an emergency response, and death is sustained by any person as a proximate result of an emergency response. False reporting in the first degree is a class B felony.
A person is guilty of false reporting in the second degree if the report was made with reckless disregard for the safety of others, the false reporting caused an emergency response, and substantial bodily harm is sustained by any person as a proximate result of an emergency response. False reporting in the second degree is a class C felony.
A person is guilty of false reporting in the third degree if he or she commits false reporting under circumstances not constituting false reporting in the first or second degree. False reporting in the third degree is a gross misdemeanor.
Any criminal offense committed under this section may be deemed to have been committed either at the place from which the false report was made, at the place where the false report was received by law enforcement, or at the place where an evacuation, public inconvenience or alarm, or emergency response occurred.
Where a case is legally sufficient to charge a person under the age of eighteen with the crime of false reporting and the alleged offense is the offender's first violation of this section, the prosecutor may divert the case.
For the purposes of this section, "emergency response" means any action to protect life, health, or property by:
A peace officer or law enforcement agency of the United States, the state, or a political subdivision of the state; or
An agency of the United States, the state, or a political subdivision of the state, or a private not-for-profit organization that provides fire, rescue, or emergency medical services.
Nothing in this section will be construed to: (a) Impose liability on a person who contacts law enforcement for the purpose of, or in connection with, the reporting of unlawful conduct; (b) conflict with Title 47 U.S.C. Sec. 230 of the communication decency act; or (c) conflict with Title 42 U.S.C. Sec. 1983 of the civil rights act.
[ 2020 c 344 § 2; 2011 c 336 § 411; 1975 1st ex.s. c 260 § 9A.84.040; ]
**
No person or group of persons, whether acting singly or in concert, may knowingly engage in the practice of swarming a motor vehicle.
[Empty]
Swarming is a gross misdemeanor.
If the offender has a previous conviction for swarming, the offense is a class C felony.
These penalties shall be in addition to the penalty for any other crime or crimes of which the person has been or may be convicted, including without limitation any civil penalties awarded under subsection (3) of this section.
[Empty]
All persons proven to have knowingly participated in a swarming shall be liable for any damages that arise from an act of swarming.
Conviction of swarming shall constitute prima facie evidence of responsibility for any such damage or injury, but such conviction shall not be necessary to establish proof of liability.
The court shall assess damages using joint and several liability among all named persons participating in the same swarming incident, and suit therefore, may be brought against any or all of such named persons, but recovery may be sought from any one or more of them.
No defense of contributory negligence shall be permitted in such a lawsuit, nor shall there be permitted any set-off against injuries which might have occurred to the defendants during such incident.
Jurisdiction for such lawsuit shall lie in the superior court of the county in which the swarming incident occurred, or the county in which the plaintiff resides, or the county of residence of any of the defendants.
[Empty]
A person lawfully operating a motor vehicle on a highway is not liable for civil damages for injuries sustained to persons or property while reasonably attempting to avoid or flee a person who was participating in an act of swarming under this section at the time of the injury.
A person shall not be immune from criminal prosecution or civil liability if the actions leading to the injury were willful or wanton.
(a) of this subsection shall not apply if the injured person participating in a protest or demonstration was doing so with a valid permit allowing persons to protest or demonstrate on the public street or highway where the injury occurred.
[Empty]
"Swarming" means one or more persons who, while participating in a protest or demonstration, whether or not having received a permit therefore, knowingly approach, surround, block, attack, threaten, or otherwise unlawfully impede or attempt to impede the lawful progress of a motor vehicle.
"Progress of a motor vehicle" means movement of a motor vehicle, on a public street or highway, which is then open to traffic; or entering or attempting to enter onto or exit from a public street or highway, which is then open to traffic, whether to or from another public street or highway or to or from private property; or on, into, or through private property if such property is a parking lot for a commercial business establishment, or if the owner or any person in lawful possession or control thereof has verbally instructed such persons or in case of an emergency vehicle, uses sirens, bullhorns, or other means, to the persons swarming to permit free vehicular passage.
[ 2021 c XXX § 3; ]**