Section 240.06. Riot in the first degree

A person is guilty of riot in the first degree when he:
    1.   Simultaneously  with  ten  or  more  other  persons,  engages  in
  tumultuous and violent conduct and thereby intentionally  or  recklessly
  causes  or  creates  a  grave  risk  of causing public alarm, and in the
  course of and as a result of such conduct, a person other  than  one  of
  the  participants suffers physical injury or substantial property damage
  occurs; or
    2. While in a correctional facility or a local correctional  facility,
  as   those   terms   are  defined  in  subdivisions  four  and  sixteen,
  respectively, of section two of the correction law, simultaneously  with
  ten or more other persons, engages in tumultuous and violent conduct and
  thereby  intentionally  or  recklessly causes or creates a grave risk of
  causing alarm within such correctional facility  or  local  correctional
  facility  and in the course of and as a result of such conduct, a person
  other  than  one  of  the  participants  suffers  physical   injury   or
  substantial property damage occurs.
    Riot in the first degree is a class E felony.