22-10-17 . Incitement to riot--Violation as felony.
Any person who, with the intent to cause a riot, commits an act or engages in conduct that urges three or more people, acting together and without authority of law, to use force or violence to cause any injury to any person or any damage to property, under circumstances in which the force or violence is imminent and the urging is likely to incite or produce the use of force or violence, incites riot. For the purposes of this chapter, urging includes instigating, inciting, or directing, but does not include the oral or written advocacy of ideas or expression of belief that does not urge the commission of an act or conduct of imminent force or violence. This section may not be construed to prevent the peaceable assembly of persons for lawful purposes of protest or petition. A violation of this section is a Class 5 felony.
Source: SL 2020, ch 78, ยง 4.
Structure South Dakota Codified Laws
Chapter 10 - Riot And Unlawful Assembly
Section 22-10-1 - Riot--Violation as felony.
Section 22-10-5 - Aggravated riot as felony.
Section 22-10-5.1 - Attempted riot or attempted aggravated riot.
Section 22-10-9 - Unlawful assembly--Misdemeanor.
Section 22-10-11 - Refusal to disperse or refrain from riot or unlawful assembly--Misdemeanor.