N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Order, Public Sensibilities and the Right to Privacy / ARTICLE Offenses Against Public Order
New York Consolidated Laws

N.Y. Penal Law § 240.08 (2026)

Inciting to riot

✓ current as of May 2026
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§ 240.08 Inciting to riot.
  A person is guilty of inciting to riot when he urges ten or more
persons to engage in tumultuous and violent conduct of a kind likely to
create public alarm.
  Inciting to riot is a class A misdemeanor.
Notes of Decisions
Cited in 14 cases, 1988–2020 · leading case: People v. Upshaw, 190 Misc. 2d 704 (N.Y. City Crim. Ct. 2002).
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People v. Upshaw, 190 Misc. 2d 704 (N.Y. City Crim. Ct. 2002). · cites it 6× “Defendant argues that the accusatory instrument, which charges him and two codefendants with inciting to riot (Penal Law § 240.08) and disorderly conduct (Penal Law § 240.”
People v. Kern, 149 A.D.2d 187 (N.Y. App. Div. 1989). “05 [1]), and Jon Lester was charged with inciting to riot (Penal Law § 240.08). Kern, Ladone, Lester and Pirone were jointly tried before a jury.”
People v. Burwell, 2020 NY Slip Op 2205 (N.Y. App. Div. 2020). “Because defendant is being prosecuted on the basis of false speech, rather than speech involving subversive political advocacy or speech designed to incite a riot ( compare Penal Law § 240.”
People v. Tolia, 214 A.D.2d 57 (N.Y. App. Div. 1995). · cites it 2× “06) and inciting to riot (Penal Law § 240.08). 2 Defendant was convicted on February 5, 1992, after a jury trial, of inciting to riot and was acquitted of riot in the first degree.”
People v. Morales, 158 Misc. 2d 443 (N.Y. City Crim. Ct. 1993). · cites it 2× “* Penal Law § 240.08 "was designed to penalize those who urge riotous conduct, without the necessity of proving a consummated riot or an agreement to riot by persons assembled with the accused”.”
People v. Biltsted, 150 Misc. 2d 872 (N.Y. City Crim. Ct. 1991). “08— inciting to riot (Donnino, Practice Commentaries, McKinney’s *874 -Cons Laws of NY, Book 39, Penal Law § 240.08, at 213): "The crime of 'inciting to riot’, newly defined in the 1965 revision, 'covers conduct in the riot area which does not amount to either the crime of…”
People v. Mighty, 142 Misc. 2d 37 (1988). “Defendant is charged with inciting to riot (Penal Law § 240.08) as the result of an incident which took place during a party at his home.”
In re Shubin B., 5 A.D.3d 217 (N.Y. App. Div. 2004). “*218 Viewing the record in the light most favorable to the presentment agency, we find that given the volatility of the crowd growing around officers attempting to effectuate a drug arrest, a direct result of the appellant’s words and conduct, the court properly concluded that…”
In re Christopher M., 29 Misc. 3d 1096 (N.Y.C. Fam. Ct. 2010). · cites it 3× “) As noted in the Practice Commentary (Denzer and McQuillan, Practice Commentary, McKinney’s Cons Laws of NY, Book 39, Penal Law § 240.08 [1967]) regarding the revised Penal Law, the offenses of riot (Penal Law § 240.”
People v. Sanchez, 25 Misc. 3d 1104 (N.Y. City Crim. Ct. 2009). · cites it 2× “In contrast, the offense of inciting to riot under Penal Law § 240.08, which punishes a person for “urg[ing] ten or more persons to engage in tumultuous and violent conduct of a kind likely to cause public alarm” punishes mere advocacy as opposed to preparation to commit an…”
People v. Biltsted, 151 Misc. 2d 620 (N.Y. City Crim. Ct. 1991). “10], inciting to riot [Penal Law §240.08] and disorderly conduct [Penal Law § 240.”
People v. Garner, 146 Misc. 2d 64 (N.Y. City Crim. Ct. 1989). “A further difficulty is that the new instrument adds a charge of Penal Law § 240.08, inciting to riot, which is nowhere supported in the factual allegations.”
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