Signed by Governor Kristi Noem

Vote Smart's Synopsis:

Vote to pass a bill that repeals and revises certain provisions regarding riots, establishes the crime of incitement to riot, and amends provisions regarding civil liability for riot and riot boosting.

Highlights:

• Classifies the act of rioting as a class 4 felony (Sec. 1). 

• Classifies incitement to riot as a class 5 felony (Sec. 4). 

• Defines “riot” as any intentional use of force or violence by three or more people, acting together and without authority of law, to cause any injury to people or damage to property (Sec. 5). 

• Defines “incitement to riot” as 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 (Sec. 4).

• Specifies that 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 (Sec. 5). 

• Requires those who are responsible for inciting a riot or who participated in a riot to be responsible for any resulting damages, attorney’s fees, and other reasonable expenses from prosecuting the action (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that repeals and revises certain provisions regarding riots, establishes the crime of incitement to riot, and amends provisions regarding civil liability for riot and riot boosting.

Highlights:

• Classifies the act of rioting as a class 4 felony (Sec. 1). 

• Classifies incitement to riot as a class 5 felony (Sec. 4). 

• Defines “riot” as any intentional use of force or violence by three or more people, acting together and without authority of law, to cause any injury to people or damage to property (Sec. 5). 

• Defines “incitement to riot” as 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 (Sec. 4).

• Specifies that 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 (Sec. 5). 

• Requires those who are responsible for inciting a riot or who participated in a riot to be responsible for any resulting damages, attorney’s fees, and other reasonable expenses from prosecuting the action (Sec. 8).

Full Bill Text