Page:1887 Compiled Laws of Dakota Territory.pdf/1127

Crimes Against Public Peace.

§ 6676. Every person who, without authority of law, wilfully disturbs or breaks up any assembly or meeting, not unlawful in its character, other than such as are mentioned in sections 6253, 6274 and 6564 of this code, is guilty of a misdemeanor.

§ 6677. Any use of force or violence, or any threat to use force or violence if accompanied by immediate power of execution, by three or more persons acting together and without authority of law, is riot.

§ 6678. Every person guilty of participating in any riot is punishable as follows:

1. If any murder, maiming, robbery, rape or arson was committed in the course of such riot, such person is punishable in the same manner as a principal in such crime.

2. If the purpose of the riotous assembly was to resist the execution of any statute of this territory or of the United States, or to obstruct any public officer of this territory or of the United States, in the performance of any legal duty, or in serving or executing any legal process, such person is punishable by imprisonment in the territorial prison not exceeding ten years and not less than two.

3. If such person carried, at the time of such riot, any species of firearms, or other deadly or dangerous weapon, or was disguised, he is punishable by imprisonment in a territorial prison not exceeding ten years and not less than two.

4. If such person directed, advised, encouraged or solicited other persons, who participated in the riot, to acts of force or violence, he is punishable by imprisonment in the territorial prison for not less than three years.

5. In all other cases such person is punishable as for a misdemeanor.

§ 6679. Whenever three or more persons, acting together, make any attempt to do any act toward the commission of an act which would be riot if actually committed, such assembly is a rout.

§ 6680. Whenever three or more persons assemble with intent or with means and preparations to do an unlawful act which would be riot if actually committed, but do not act toward the commission thereof, or whenever such persons assemble without authority of law, and in such a manner as is adapted to disturb the public peace, or excite public alarm, such assembly is an unlawful assembly.

§ 6681. Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor.

§ 6682 very person remaining present at the place of any riot, rout or unlawful assembly, after the same has been lawfully