Sun. Oct 24th, 2021
Provo Shooting Police Statement

They Are Rioters. Not Peaceful Protesters.

3.20 PM

Rioting is Against the Law in Utah

76-9-101. Riot -- Penalties. (1) A person is guilty of riot if: (a) simultaneously with two or more other persons he engages in tumultuous or violent conduct and thereby knowingly or recklessly creates a substantial risk of causing public alarm; or (b) he assembles with two or more other persons with the purpose of engaging, soon thereafter, in tumultuous or violent conduct, knowing, that two or more other persons in the assembly have the same purpose; or (c) he assembles with two or more other persons with the purpose of committing an offense against a person or property of another who he supposes to be guilty of a violation of law, believing that two or more other persons in the assembly have the same purpose. (2) Any person who refuses to comply with a lawful order to withdraw given to him immediately prior to, during, or immediately following a violation of Subsection (1) is guilty of riot. It is no defense to a prosecution under this Subsection (2) that withdrawal must take place over private property; provided, however, that no persons so withdrawing shall incur criminal or civil liability by virtue of acts reasonably necessary to accomplish the withdrawal. (3) Riot is a felony of the third degree if, in the course of and as a result of the conduct, any person suffers bodily injury, or substantial property damage, arson occurs or the defendant was armed with a dangerous weapon, as defined in Section 76-1-601; otherwise it is a class B misdemeanor.
- Utah Revised Code

So is Promoting and/or Encouraging Riots

76-4-201. Conspiracy -- Elements of offense. For purposes of this part a person is guilty of conspiracy when he, intending that conduct constituting a crime be performed, agrees with one or more persons to engage in or cause the performance of the conduct and any one of them commits an overt act in pursuance of the conspiracy, except where the offense is a capital felony, a felony against the person, arson, burglary, or robbery, the overt act is not required for the commission of conspiracy. Amended by Chapter 209, 2001 General Session
- Utah Revised Code

Utah Media Are Not Exempt from Federal RICO Laws

Under RICO, leaders of criminal organizations can be held liable for crimes they order others to commit, or assist them in committing, in furtherance of the ongoing criminal organization.
- Federal RICO Statute
Section 1962(d) provides that “[i]t shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section.”18 Unlike the general conspiracy statute applicable to federal crimes, which requires proof that at least one of the conspirators committed an “act to effect the object of the conspiracy,”19 there is no requirement under section 1962(d) that an “overt act” or specific act be committed in furtherance of a RICO conspiracy.20 Furthermore, a defendant who conspires to commit a substantive offense under section 1962(a), (b), or (c) can be convicted of a RICO conspiracy even though the defendant does not personally commit or agree to commit the racketeering activity o
- John Smith
Subdivision A includes “any act or threat involving” listed state offenses, such as murder, kidnapping, gambling, arson, robbery, bribery, extortion, and other serious crimes, punishable by imprisonment for more than one year. 23 This definition does not list specific state statutes. Rather, as the Supreme Court has held in the context of plea bargaining, a state statutory offense may constitute a racketeering act under subdivision A provided it substantially conforms to the “generic” definition of the state offense referenced at the time RICO was enacted.24 Further, the language “chargeable under state law” means that the offense was chargeable under state law at the time the underlying conduct was committed.25 Moreover, even if a defendant is acquitted in state court of a state offense referenced in subdivision A, that state offense may nonetheless be charged as a predicate racketeering act.2
- Federal RICO Statute

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