Kentucky Revised Statutes

Ky. Rev. Stat. § 525.040 (2026)

Inciting to riot

✓ current as of May 2026
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(1) A person is guilty of inciting to riot when he incites or urges five (5) or more persons to create or engage in a riot.

(2) Inciting to riot is a Class A misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 214, effective January 1, 1975.

Notes of Decisions
Cited in 4 cases, 1986–2020 · leading case: Kashiya Nwanguma v. Donald Trump, 903 F.3d 604 (6th Cir. 2018).
Kashiya Nwanguma v. Donald Trump, 903 F.3d 604 (6th Cir. 2018). · cites it 2× “" Ky. Rev. Stat. § 525.040(1). "Riot," in relevant part, is defined as "a public disturbance involving an assemblage of five (5) or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons.”
Nwanguma v. Trump, 273 F. Supp. 3d 719 (W.D. Ky. 2017). · cites it 2× “” 1 § 525.040(1). “Riot” is defined as “a public disturbance involving an assemblage of five (5) or more persons which by tumultuous and violent conduct, creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other,…”
Baird v. Commonwealth, 709 S.W.2d 458 (Ky. Ct. App. 1986). “KRS 525.040 is clearly and unequivocally violative of § 1(7) of the Bill of Rights to our Constitution and the decision of the Supreme Court in the case of Eary v.”
Dale Brucker v. Commonwealth of Kentucky (Ky. Ct. App. 2020). “The Commentary to KRS 525.040 states that “[t]he intent of the provision is to protect freedom of speech on the one hand and the public’s right to peace and tranquility on the other.”
— Ky. Rev. Stat. § 525.040(1) — 2 cases
Kashiya Nwanguma v. Donald Trump, 903 F.3d 604 (6th Cir. 2018). “" Ky. Rev. Stat. § 525.040(1). "Riot," in relevant part, is defined as "a public disturbance involving an assemblage of five (5) or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons.”
Nwanguma v. Trump, 273 F. Supp. 3d 719 (W.D. Ky. 2017). “” 1 § 525.040(1). “Riot” is defined as “a public disturbance involving an assemblage of five (5) or more persons which by tumultuous and violent conduct, creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other,…”
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