N.Y. Penal Law § 240.06: Riot in the first degree

§ 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.