(6)8.4.1 Inciting a Riot

A person is guilty of Inciting a Riot under this subsection if he or she willfully:

(a) urges, counsels, commands, or otherwise encourages one or more persons to participate in a riot, as defined under this Title; and

(b) does so with the intent that such persons engage in violent, tumultuous, or threatening conduct that creates a clear and present danger of injury to persons, damage to property, or substantial disruption of lawful governmental or emergency functions.

(c) It is not necessary that the riot actually occur; liability arises from the intent and actions taken to provoke or encourage the riot.

(d) Mere expression of opinion, advocacy of lawful conduct, or participation in constitutionally protected speech shall not constitute incitement absent direct intent to provoke riotous action and a reasonable likelihood that the speech will produce such action.

Inciting a Riot is a Class B Felony.