Skip navigation

Protects Those Who Harm Protesters

Answer

The law provides an affirmative defense in civil actions for personal injury, wrongful death, or property damage if the person harmed is shown to be a “participant acting in furtherance of a riot” by either conviction or a preponderance of the evidence.

What this means is that if a person is harmed at a gathering and sues the person who harmed them, the person they sue can claim they should not be held responsible because the injured person was rioting. The person sued would then have to show it was more likely than not (however slightly) that the injured person was rioting. If they succeeded, the person who caused the harm would not have to pay any damages even if it was clear they intentionally harmed the protester.