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Kent State — Part 21
Page 91
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Press Ohio Burcauw
RAVENNA — Of the 25
persons indicted by the Por-
tage County Grand Jury,
some have been charged
with first-decree riot and
some with second-degree
riot.
Other charges include In-
citing to riot and obstruct-
ing a fireman.
Under state law enacted
in 1968 first-degree riot in-
i volves five or more persons
‘in violent and tumultuous
conduct with intent to com-
mit a felony or facilitate a
‘felony. or any forceful of-
fense against a person, or
when aviolator knows
somebody uses or intends to
use a deadly weapon or ex-
plosive,
Possible examples would
be the rioter who as one of
a group bombs a building or
elebbers a guardsman with
a tock.
A person convicted for
first-degree riot may be put
in prison for 1 to 3 years
under a felong penalty. Or
he may be fined up to $1000
or imprisoned up to one
year, or both, which is a
misdemeanor penalty.
Judges are given discretion
in levying punishment.
If the person carried a
firearm during the riot he
could be sentenced to an ad-
ditional | to 3 years,
cree ¥
os explained |
"By DOUGLAS MeCORMICK
4
4
i
‘|
z¢
it
Second-degree riot in-
volyes five or more persons:
in violent and tumultuous |
conduct with intent to doa
Lawful act with unlawful |
foree and violence in sucha
manner as to create a clear
and present danger to per-
son or property.
Or the violators may be
acting with intent to pre-
vent or coerce official ac;
tion. or hinder a function of
government, or commit or
facilitate the commission of
a misdemeanor.
Thus a possible example
of a second-degree rioter
would be a person who is in
aprotest march Uawful)
that gets out of hand, surges
into the street and ties up
traffic (unlawful) so that a
fire truck cant get to a
burning building.
Another example might
he a person who as a miem-
ber of a group rages over
the campus smashing win-
dows.
Penalty for second-degree’
riot may be imprisonment
for up 1o one year, a fine of
up to $1000, or both.
Inciting to riot means in-}
citing to first-degree riot.
Penalty is the same as for
first-degree riot.
Obstructing a fireman can.
-Tesult in a sentence of 39
days to six months, or a fine
of $30 to $500.
OLAS URE
~
(Indicate page, name of
newspaper, clly and state.)
B-9 THE CLEV®LAN
PRESS
(Cleveland, Ob
Date: = 10/23/70
Edition: FINAL
Author:
Editess THOMAS BoOARL
Title:
Character: °
or
Classllications
Submitting Office: C Leve )
(_] Being Investigated
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