§ 240.06 Riot in the first degree.
A person is guilty of riot in the first degree when he:
1. Simultaneously with ten or more other persons, engages in
tumultuous and violent conduct and thereby intentionally or recklessly
causes or creates a grave risk of causing public alarm, and in the
course of and as a result of such conduct, a person other than one of
the participants suffers physical injury or substantial property damage
occurs; or
2. While in a correctional facility or a local correctional facility,
as those terms are defined in subdivisions four and sixteen,
respectively, of section two of the correction law, simultaneously with
ten or more other persons, engages in tumultuous and violent conduct and
thereby intentionally or recklessly causes or creates a grave risk of
causing alarm within such correctional facility or local correctional
facility and in the course of and as a result of such conduct, a person
other than one of the participants suffers physical injury or
substantial property damage occurs.
Riot in the first degree is a class E felony.
