Attempting to overturn the results of the election as the votes were being counted in the Capitol is quite an escalation, though. Sure, it's not up to 1860s standards, but it's still unprecedented in modern times.
While true, the law has also come down harshly on the participants. It should have a chilling effect for other would-be rioters. It was bad, I agree. But perhaps the silver lining is that its occurrence may help set a firm line on what behaviors are acceptable.