The crime of Lynching involves a situation where rioters force a detainee from police custody. Not only a mob of rioters may be prosecuted, but the freed detainee may be charged with Lynching as well. Attempted Lynching, where the detainee is not freed, may also be prosecuted. Lynching is a more serious crime than rioting which carries only a misdemeanor charge. Examples of Lynching include appealing to onlookers for help or approaching a police car or police officer with intent to interfere with an arrest.
What does the prosecutor have to prove?
1. Defendant took another person by means of a riot.
2. The person taken was in lawful custody of a peace officer.
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