Bill > HB1117

This bill repeals and revises certain provisions regarding riot, establishes the crime of incitement to riot, and revises provisions regarding civil liability for riot and "riot boosting". The key provisions are: 1. It defines riot as the intentional use of force or violence by three or more persons, acting together and without authority of law, to cause injury or damage to property. 2. It establishes the new crime of "incitement to riot", which occurs when a person, with the intent to cause a riot, commits an act or engages in conduct that urges three or more people to use imminent force or violence. 3. It allows the state or a political subdivision to sue a person who commits riot or incitement to riot for civil damages, including special and general damages, attorney's fees, and punitive damages. 4. It clarifies that the civil liability provisions do not apply to the oral or written advocacy of ideas or beliefs that do not urge the commission of imminent force or violence, and that they do not prevent the peaceable assembly of persons for lawful protest or petition.

Government Affairs, Justice

State Affairs (H)

http://sdlegislature.gov/Legislative_Session/Bills/Bill.aspx?Bill=1117&Session=2020