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Franklin County Criminal Law Casebook
Reproduced with permission from
Allen V. Adair and the Franklin County Public Defender Office

RIOTING (217)

R.C. 2917.01 -- Inciting to violence

R.C. 2917.02 -- Aggravated riot

R.C. 2917.03 -- Riot

R.C. 2917.04 -- Failure to disperse

State v. Lessin (1993), 67 Ohio St. 3d 487 -- Inciting to violence prosecution arose from demonstration which included a flag burning, previously held to be a constitutionally protected activity. Syllabus: "When a criminal offense charged arises from conduct which encompasses both a constitutionally protected act and an act that is not constitutionally protected, failure of the trial court to instruct the jury that it may not consider evidence of the constitutionally protected act as proof of the defendant's guilt is reversible error."

In re Jesse S. (1998), 129 Ohio App. 3d 394 -- Dismissal of charges against one of five juveniles allegedly involved in an assault left the state one short of the five needed under the aggravated riot statute, but the court considered the victim a participant and found defendant guilty. Reversed.

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