§ 20-5. Offenses during state of emergency—Generally.
(a)
The provisions of this section shall apply during a state of emergency.
(b)
A person is guilty of riot and an offense when he participates with two or more persons in course of disorderly conduct:
(1)
With intent to commit or facilitate the commission of a felony or misdemeanor; or
(2)
With intent to prevent or coerce official action; or
(3)
When the accused or any other participant, to the knowledge of the accused, uses or plans to use a firearm or other deadly weapon.
(c)
Any person upon any public way within the described area who is directed by the authorities to leave the public way but refuses to do so shall be guilty of an offense.
(d)
A person is guilty of an offense under this section committed by another person when:
(1)
Acting with the state of mind that is sufficient for commission of the offense, he causes an innocent or irresponsible person to engage in conduct constituting the offense; or
(2)
Intending to promote or facilitate the commission of the offense he:
a.
Solicits, requests, commands, importunes or otherwise attempts to cause the other person to commit it; or
b.
Aids, counsels or agrees or attempts to aid the other person in planning or committing it; or
c.
Having a legal duty to prevent the commission of the offense, fails to make a proper effort to do so; or
(3)
His conduct is expressly declared by a statute of this state to establish his complicity.
(e)
In any prosecution for an offense under this section in which the criminal liability of the accused is based upon the conduct of another person pursuant to this section, it is no defense that:
(1)
The other person is not guilty of the offense in question because of irresponsibility or other legal incapacity or exemption, or because of unawareness of the criminal nature of the conduct in question or for the accused's criminal purpose, or because of other factors precluding the mental state required for the commission of the offense; or
(2)
The other person has not been prosecuted for or convicted of any offense based on the conduct in question, or has previously been acquitted thereof, or has been convicted of a different offense or in a different degree, or has legal immunity from prosecution for the conduct in question.
(f)
"Disorderly conduct," as used in this section, means a course of conduct by a person who:
(1)
Causes public inconveniences, annoyance or alarm, or recklessly creates a risk thereof by:
a.
Engaging in fighting or in violent, tumultuous or threatening behavior; or
b.
Making an unreasonable noise or an offensively coarse utterance, gesture or display, or addressing abusive language to any person present; or
c.
Dispersing any unlawful procession or meeting of persons not being a peace officer of this city and without lawful authority; or
d.
Creating a hazardous or physically offensive condition which serves no legitimate purpose; or
(2)
Engages with at least one other person in a course of disorderly conduct, as defined in subsection (f)(1) of this section, which is likely to cause substantial harm or serious inconvenience, annoyance or alarm, and refuses or knowingly fails to obey an order to disperse, made by a peace officer to the participants.
(Code 1977, § 20-5)