New Jersey Statutes Title 2C. The New Jersey Code of Criminal Justice 2C § 33-1

(1) With purpose to commit or facilitate the commission of a crime;

(2) With purpose to prevent or coerce official action;  or

(3) When he or any other participant, known to him, uses or plans to use a firearm or other deadly weapon.

Riot if committed under circumstances set forth in paragraph (3) is a crime of the third degree.  Otherwise riot is a crime of the fourth degree.

c. Public Brawl.  A person is guilty of inciting a public brawl if:  (1) the person acts with purpose to incite a group of four or more other persons imminently to engage in a course of disorderly conduct as defined in subsections a. or d. of N.J.S.2C:33-2 or acts with purpose to produce such imminent course of disorderly conduct by a group of four or more persons;  and

(2) the person's actions are likely to incite or produce such imminent course of disorderly conduct by a group of four or more persons.

Inciting a public brawl is a crime of the fourth degree if the person acts with purpose to incite or produce the course of disorderly conduct defined in subsection a. of N.J.S.2C:33-2;  otherwise, it is a disorderly persons offense.  Notwithstanding the provisions of N.J.S.2C:1-8, a conviction of inciting a public brawl shall not merge with the offense of riot pursuant to subsection a. of this section or disorderly conduct pursuant to subsections a. or d. of N.J.S.2C:33-2.