§ 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 substan-
tial 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.