(1) A person commits inciting riot if he:
(a) Incites or urges a group of five or more persons to engage in a current or impending riot; or
(b) Gives commands, instructions, or signals to a group of five or more persons in furtherance of a riot.
(2) A person may be convicted under section 18-2-101, 18-2-201, or 18-2-301 of attempt, conspiracy, or solicitation to incite a riot only if he engages in the prohibited conduct with respect to a current or impending riot.
(3) Inciting riot is a class 1 misdemeanor, but, if injury to a person or damage to property results therefrom, it is a class 5 felony.
Source: L. 71: R&RE, p. 467, � 1. C.R.S. 1963: � 40-9-102.