(a) A person commits the offense of inciting riot if he or she knowingly:
(1) By speech or conduct urges others to participate in a riot under circumstances that produce a clear and present danger that they will participate in a riot; or
(2) Gives commands, instructions, or signals to others in furtherance of a riot.
(b)
(1) Inciting riot is a Class D felony if injury to a person or damage to property results from the offense.
(2) Otherwise, inciting riot is a Class A misdemeanor.