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  1. (a) A person commits the offense of inciting riot if he or she knowingly:

    1. (1) By speech or conduct urges others to participate in a riot under circumstances that produce a clear and present danger that they will participate in a riot; or

    2. (2) Gives commands, instructions, or signals to others in furtherance of a riot.

  2. (b)

    1. (1) Inciting riot is a Class D felony if injury to a person or damage to property results from the offense.

    2. (2) Otherwise, inciting riot is a Class A misdemeanor.