(1) A riot is a felony if: It occurs on or about the state penitentiary, a county or city jail, or any other penal facility in this state, or it involves the taking of one or more hostages. Violation of the provisions of this subsection [paragraph] is punishable by imprisonment in the state penitentiary for not less than five (5) years, no [nor] more than twenty (20) years or a fine not to exceed twenty-five thousand dollars ($25,000), or both such fine and imprisonment.
(2) The destruction or damage to public or private property exceeds five hundred dollars ($500). Violation of the provisions of this subsection [paragraph] is punishable by imprisonment in the state penitentiary for not more than five (5) years or a fine not to exceed ten thousand dollars ($10,000), or both such fine and imprisonment.
(3) A riot is a misdemeanor in all other circumstances punishable by imprisonment in the city or county jail for not more than one (1) year and a fine not to exceed five thousand dollars ($5,000).