CHAPTER 22-10
RIOT AND UNLAWFUL ASSEMBLY
22-10-1 Riot--Violation as felony.
22-10-2 22-10-2 to 22-10-4. Repealed by SL 1976, ch 158, § 10-8
22-10-5 Aggravated riot as felony.
22-10-5.1 Attempted riot or attempted aggravated riot.
22-10-6 Repealed.
22-10-6.1 Repealed.
22-10-7 22-10-7, 22-10-8. Repealed by SL 1976, ch 158, § 10-8
22-10-9 Unlawful assembly--Misdemeanor.
22-10-10 22-10-10. Repealed by SL 1976, ch 158, § 10-8
22-10-11 Refusal to disperse or refrain from riot or unlawful assembly--Misdemeanor.
22-10-12 22-10-12. Repealed by SL 1976, ch 158, § 10-8
22-10-13 22-10-13. Transferred to § 1-7-16 by SL 2005, ch 120, § 351, eff. July 1, 2006.
22-10-14 22-10-14 to 22-10-16. Transferred to §§ 22-10A-1 to 22-10A-3 by SL 2005, ch 120, § 355, eff. July 1, 2006.
22-10-17 Incitement to riot--Violation as felony.
22-10-1. Riot--Violation as felony.
As used in this chapter, any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property is riot. A violation of this section is a Class 4 felony.
Source: SDC 1939, § 13.1402; SL 1976, ch 158, § 10-1; SL 2005, ch 120, § 345; SL 2020, ch 78, § 1.
22-10-5. Aggravated riot as felony.
Any person who carries a dangerous weapon while participating in a riot is guilty of aggravated riot. Aggravated riot is a Class 3 felony.
Source: SDC 1939, § 13.1404 (3); SL 1976, ch 158, § 10-2.
22-10-5.1. Attempted riot or attempted aggravated riot.
There is no offense of attempted riot or attempted aggravated riot.
Source: SL 2005, ch 120, § 346.
22-10-6. Repealed.
Source: SDC 1939, § 13.1404 (4); SL 1976, ch 158, § 10-3; SL 2005, ch 120, § 347; SL 2020, ch 78, § 2.
22-10-9. Unlawful assembly--Misdemeanor.
Any person who assembles with two or more persons for the purpose of engaging in conduct constituting riot or aggravated riot or who, being present at an assembly that either has or develops such a purpose, remains there, with intent to advance that purpose, is guilty of unlawful assembly. Unlawful assembly is a Class 1 misdemeanor.
Source: SDC 1939, § 13.1402; SL 1976, ch 158, § 10-5; SL 2005, ch 120, § 349.
22-10-11. Refusal to disperse or refrain from riot or unlawful assembly--Misdemeanor.
Any person who, during a riot or unlawful assembly, intentionally disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot, is guilty of a Class 1 misdemeanor. A public safety order is any order, the purpose of which is to prevent or control disorder or promote the safety of persons or property, issued by a law enforcement officer or a member of the fire or military forces concerned with the riot or unlawful assembly.
Source: SDC 1939, § 13.1407; SL 1976, ch 158, § 10-6; SL 2005, ch 120, § 350.
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, § 4.
