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(1) An individual is guilty of riot if the individual:
(a) simultaneously with two or more other individuals engages in violent conduct, knowingly or recklessly creating a substantial risk of causing public alarm;
(b) assembles with two or more other individuals with the purpose of engaging, soon thereafter, in violent conduct, knowing, that two or more other individuals in the assembly have the same purpose; or
(c) assembles with two or more other individuals with the purpose of committing an offense against a person, or the property of another person who the individual supposes to be guilty of a violation of law, believing that two or more other individuals in the assembly have the same purpose.
(2) Any individual who refuses to comply with a lawful order to withdraw prior to, during, or immediately following a violation of Subsection (1) is guilty of riot. It is no defense to a prosecution under this Subsection (2) that withdrawal must take place over private property; provided, however, that an individual who withdraws in compliance with an order to withdraw may not incur criminal or civil liability by virtue of acts reasonably necessary to accomplish the withdrawal.
(3) Except as provided in Subsection (4), riot is a class B misdemeanor.
(4) Riot is a third degree felony if, in the course of the conduct:
(a) the individual causes substantial or serious bodily injury;
(b) the individual causes substantial property damage or commits arson; or
(c) the individual was in possession of a dangerous weapon as defined in Section 76-1-601.
(5) An individual arrested for a violation of Subsection (4) may not be released from custody before the individual appears before a magistrate or a judge.
(6) The court shall order a defendant convicted under Subsection (4) to pay restitution in accordance with Section 77-38b-205.