(1) A person commits an offense who: Knowingly participates in a riot; and
(2) As a result of the riot a person other than one (1) of the participants suffers bodily injury or substantial property damage occurs.
(3) A violation of this section is a Class E felony. In any sentence imposed for a violation of this section, the court shall include a mandatory minimum sentence of forty-five (45) days of incarceration. In any sentence imposed for a violation of this section, the court shall include an order of restitution for any injury, property damage, or loss incurred as a result of the offense.