ARS 13-2903 Interpretation
To commit riot under 13-2903, a person must use or threaten to use "force or violence . . . if such threat is accompanied by immediate power of execution."
Like the resisting arrest statute, our riot statute can include a victim--a person against whom force is used or who is threatened with the use of force.
Accordingly, the trial court properly found the victims' financial loss was an aggravating factor. See A.R.S. 13-702(C)(9). In State v. Sorkhabi, 202 Ariz. 450, 46 P.3d 1071 (App. 2002) the Court held that resisting arrest is not a victimless crime based on aspects of the applicable statute that also exist in our riot statutes.
The resisting arrest statute prohibits a person from "using or threatening to use physical force . . . or . . . any other means creating a substantial risk of causing physical injury to a peace officer or another." A.R.S. 13- 2508.