Florida legislators have passed laws that deter disorderly assemblies and violent crowds in the past few years while still allowing people to exercise their First Amendment rights with peaceful protests. These laws also apply to situations like porch piracy and retail theft rings. Learn more about Florida’s rioting and looting laws below.
When Can You Be Charged with Rioting?
Florida Statute 870.01 defines rioting as the willful participation in a violent public disturbance of three or more people. To be charged with rioting, prosecutors must prove that your intention in participating in the riot was to commit violent acts or to assist others in damaging property, injuring others, or threatening damage or injury to another person.
Types of Rioting
According to Florida law, there are three types of rioting. The first is standard rioting, which is defined above. Aggravated rioting occurs when someone participates in a riot with 25 or more people that causes great bodily harm to a bystander or causes over $5,000 in damage. Aggravated rioting also occurs when deadly weapons are displayed, used, or threatened to be used. In addition, you could be charged with aggravated rioting if the riot endangers and prevents the safe movement of vehicles with the right to be on a public roadway.
Inciting rioting is another charge that occurs when someone willfully convinces or prompts others to participate in a violent riot.
When Can You Be Charged With Looting?
Looting is a type of theft charge that occurs during a riot. According to Florida law, theft is when someone knowingly uses, possesses, or plans to use or keep someone else’s property when they aren’t entitled to use it.
Combating Violence, Disorder And Looting And Law Enforcement Protection Act
Commonly known as Florida’s “Anti-Riot” Act, this law was passed in 2021 and sought to deter violent protests and demonstrations. The law places stricter penalties on those who commit violent acts during a protest and attempts to prevent violent and disorderly assemblies. These harsher penalties can occur when someone participates in a violent or disorderly assembly with seven or more people and causes damage to property or other people. Those charged with rioting in these circumstances could face a third-degree felony charge.
HB 549
HB 549 was recently signed earlier in 2024 and allows law enforcement to impose stricter punishments for retail theft, porch piracy, and inciting looting through social media. The bill reduces the minimum amount for a theft to be considered third-degree grand theft and increases penalties for retail shoplifting rings and porch piracy. For instance, retail theft with five or more participants can be charged as a third-degree felony. If criminals use social media to coordinate or incite people to commit retail theft, they could be charged with a second-degree felony. Committing retail theft with a group while using a firearm can result in a first-degree felony charge (with a sentence of up to 30 years in prison). The law also allows criminals to be charged with a felony if arrested for multiple retail thefts within 120 days.
Porch Piracy
HB 549 also addresses retail theft at residential properties, such as stealing packages off doorsteps. You could be charged with a first-degree misdemeanor if caught stealing items worth less than $40. Items worth more than $40 or a subsequent offense become third-degree felonies.
Penalties for Rioting and Looting
Being charged with rioting is a third-degree felony. If you’re accused of rioting, you could face up to five years in prison and a $5,000 fine. Aggravated rioting is a second-degree felony with a punishment of up to 15 years in prison and a $10,000 fine. Inciting a riot is a third-degree felony. If you’re arrested for theft or battery during a riot, your punishment could be increased by one level. For instance, if you’re charged with first-degree petit theft (a first-degree misdemeanor), you could be charged with a felony instead.
Understanding Criminal Charges for Rioting and Looting with Alison M. Lopes
These so-called “anti-riot” laws have been controversial and have gained significant national media attention. In September 2021, the Combating Violence, Disorder And Looting And Law Enforcement Protection Act was blocked from enforcement. There are also several open lawsuits against Florida Governor Ron DeSantis regarding these anti-rioting and looting laws. If you have been charged with any of these charges, you need an experienced criminal defense attorney to help you seek justice and fight for your rights. Contact Alison M. Lopes at 407-442-2724 for a consultation to discuss your case. Or, contact us online here.