SDCL § 20-9-54: Liability for riot and incitement to riot.

In addition to any other liability or criminal penalty under law, a person is personally liable for riot, and jointly and severally liable for riot with any other person engaged in the same riot, to the state or a political subdivision in an action for damages if the person commits riot as defined under § 20-9-53.

In addition to any other liability or criminal penalty under law, a person is personally liable for incitement to riot, and jointly and severally liable for incitement to riot with any other person engaged in the same riot, to the state or a political subdivision in an action for damages if the person commits incitement to riot as defined under § 20-9-53.

Nothing in this section may be construed to 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.