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Inciting a riot is a misdemeanor offense under Penal Code 404. Inciting a riot, according to federal law, is defined as the acts of "organizing, promoting, encouraging, participating in a riot" and urging others to riot.(1) to incite a riot; or. (2) to organize, promote, encourage, participate in, or carry on a riot; or. (1). to incite a riot; or ; (2). To organize, promote, encourage, participate in, or carry on a riot; or ; (3). Criminal incitement refers to conduct, words, or other means that urge or naturally lead others to riot, violence, or insurrection. A person convicted of inciting to riot will be guilty of a misdemeanor. Third, urged other persons;. California outlines what it means to incite a riot under Penal Code 404.6.