(1) "Criminal incitement" means the advocacy of crime, malicious damage or injury to property, or violence.
(2) A person commits the offense of criminal incitement if the person purposely or knowingly advocates the commission of a criminal offense and the advocacy is:
(a) directed to inciting or producing that imminent unlawful, criminal action; and
(b) likely to incite or produce that unlawful, criminal action.
(3) For purposes of this section, "imminent" means immediate in time, impending, or on the verge of happening.
(4) A person convicted of the offense of criminal incitement shall be imprisoned in the state prison for a term not to exceed 10 years.