Tennessee § 39-17-304 - Inciting to riot.

§ 39-17-304. Inciting to riot.

A person commits an offense who incites or urges three (3) or more persons to create or engage in a riot. A violation of this section is a Class A misdemeanor. In any sentence imposed for a violation of this section, the court shall include an order of restitution for any property damage or loss incurred as a result of the offense. Acts 1989, ch. 591, § 1; 2020 (2nd Ex. Sess.), ch. 3, § 13. Sentencing Commission Comments. This section punishes those who incite or urge others to create or engage in a riot, defined in § 39-17-301 . It reaches the same conduct proscribed by former § 39-6-322 . It is a Class A misdemeanor. If harm results from the riot, the inciter could be liable for aggravated riot under § 39-17-303 , since a person who solicits, directs, or aids another to commit an offense is liable for that offense. See § 39-11-402 . Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. For the Preamble to the act concerning a uniform framework of laws that will protect the rights of all Tennesseans to peacefully demonstrate, see Acts 2020 (2nd Ex. Sess.), ch. 3. 2020 (2nd Ex. Sess.), ch. 3, § 26 provided that the act, which amended this section, applies to offenses committed after August 20, 2020. Amendments. The 2020 (2nd Ex. Sess.) amendment by ch. 3 added the second sentence in (b). Effective Dates. Acts 2020 (2nd Ex. Sess.), ch. 3, § 26. August 20, 2020. Cross-References. Criminal responsibility for conduct of another, § 39-11-402 . Criminal responsibility for facilitation of felony, § 39-11-403 . Grading attempt, solicitation and conspiracy, § 39-12-107 . Parties to offenses, § 39-11-401 . Penalty for Class A misdemeanor, § 40-35-111 .