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South Dakota statute

SDCL § 22-10-17 — Incitement to riot--Violation as felony

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 10: Riot And Unlawful Assembly, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-10-17

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 22-10-17Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
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.

Official sources

Legal terms used in this section

Questions this section answers

Is incitement to riot a felony or a misdemeanor in South Dakota?

Incitement to riot is a Class 5 Felony in South Dakota under SDCL § 22-10-17.

Which South Dakota statute covers incitement to riot?

Incitement to riot is governed by SDCL § 22-10-17 (Incitement to riot--Violation as felony).

This reference is informational and is not legal advice.