12.1-25-01. Inciting riot

12.1-25-01. Inciting riot 1. A person is guilty of an offense if he: a. Incites or urges five or more persons to create or engage in a riot; or b. Gives commands, instructions, or directions to five or more persons in furtherance of a riot. 2. "Riot" means a public disturbance involving an assemblage of five or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function. 3. A person shall be convicted under section 12.1-06-01, 12.1-06-03, or 12.1-06-04 of attempt, solicitation, or conspiracy to commit an offense under this section only if he engages in the prohibited conduct under circumstances in which there is a substantial likelihood that his conduct will imminently produce a violation of this section. 4. The offense is a class B felony if it is under subdivision b of subsection 1 or the riot involves one hundred or more persons. Otherwise it is a class C felony.