The US Protest Law Tracker follows state and federal legislation introduced since January 2017 that restricts the right to peaceful assembly. For more information, visit our Analysis of US Anti-Protest Bills page.
Latest updates: Apr. 15, 2024 (Georgia, Idaho, Kentucky, Louisiana), Apr. 3, 2024 (Arizona), Mar. 27, 2024 (West Virginia)
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Idaho
HB 519: New penalties for protests near pipelines and other infrastructure
Would create new offenses for “trespassing” onto and “impeding” critical infrastructure that could cover nonviolent protesters near pipelines and other infrastructure, whether operational or under construction. The bill defines “critical infrastructure” to include a broad range of energy, water, communication and transportation facilities, regardless of whether they are fenced off or posted with no trespassing signs. Under the bill, someone commits critical infrastructure trespass who “knowingly and willfully enters or remains in a critical infrastructure facility or construction site.. without permission of the owner of the property or after notice is given to depart or not to trespass.” Because the definition of critical infrastructure is not limited to facilities that are fenced or posted, the trespass offense as written could cover a protester who is intentionally on a pipeline construction site even if they didn't know that they were trespassing and no notice was provided. The first offense is a misdemeanor (up to 6 months in jail and $1,000), but a second offense within 5 years is a felony (up to 10 years and $20,000). A person is guilty of the “impeding” offense if they “knowingly and intentionally impede the operations of a critical infrastructure facility” without authorization. “Impede” is defined to mean “to block the operation of or prevent legal access to” a CI facility or CI facility construction site; or to “damage, destroy, deface, or tamper with” a CI facility or its equipment. If the “impeding” results in damages of less than $10,000, the offense is a misdemeanor (up to 6 months in jail and $10,000), but if it results in damages of more than $10,000 the offense is a felony (up to 2 years and $100,000). As written, the “impeding” offense could cover e.g. protesters who block the road to a pipeline construction site. Under the bill, an individual or organization that “aids, abets, solicits, compensates, hires, conspires with, commands, or procures” someone to commit CI trespass or impeding, with the intent that the person complete the offense, is liable to a fine of up to $100,000. The bill also provides that critical infrastructure facilities can also sue individuals or organizations for damages, including damages for lost profits.
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See full text of bill here)
Status: defeated / expired
Introduced 8 Feb 2024.
Issue(s): Damage Costs, Conspiracy, Infrastructure, Trespass
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Idaho
HB 167: NEW PENALTIES FOR PROTESTS NEAR PIPELINES, ROADWAYS, AND OTHER INFRASTRUCTURE
Would create new potential criminal liability for protesters who demonstrate near existing or planned oil and gas pipelines or other energy infrastructure, as well as bridges, highways, or other transportation infrastructure, by creating a new offense of “critical infrastructure trespass.” The offense requires that someone “knowingly and willfully enters or remains in a critical infrastructure facility or construction site of a critical infrastructure facility without permission of the owner of the property or after notice is given to depart or not to trespass.” As written, this would seemingly include a protester who is willfully and intentionally on a road or pipeline construction site even if they didn't know that they were actually trespassing and no notice was provided. The first offense is a misdemeanor (up to 6 months in jail and $1,000), but the second offense within 5 years is a felony (up to 10 years and $10,000). The bill extends potential criminal and civil liability to individuals and organizations associated with protesters who trespass onto pipeline property, as well. Under the bill, any individual or organization that “aids, abets, solicits, compensates, hires, conspires with, commands, or procures” someone to commit critical infrastructure trespass, with the intent that the person commit the offense, is subject to a fine of up to $100,000 fine and liable for a civil action by the infrastructure facility. “Critical infrastructure facility” is broadly defined as “any facility so vital to the state of Idaho… that the incapacity or destruction of such system or asset would have a debilitating impact on the state or national economic security, state or national public health or safety, or a combination of those matters,” including “but is not limited to” facilities in the energy sector as well as communications, transportation, and government facilities. (See full text of bill here)
Status: defeated / expired
Introduced 20 Feb 2023.
Issue(s): Conspiracy, Infrastructure, Traffic Interference, Trespass
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Idaho
HB 147: NEW PENALTIES FOR PROTESTS NEAR PIPELINES, ROADWAYS, AND OTHER INFRASTRUCTURE
Would create new potential criminal liability for protesters who demonstrate near existing or planned oil and gas pipelines or other energy infrastructure, as well as bridges, highways, or other transportation infrastructure, by creating a new offense of “critical infrastructure trespass.” The offense requires that someone “knowingly and willfully enters or remains in a critical infrastructure facility or construction site of a critical infrastructure facility without permission of the owner of the property or after notice is given to depart or not to trespass.” As written, this would seemingly include a protester who is willfully and intentionally on a road or pipeline construction site even if they didn't know that they were actually trespassing and no notice was provided. The first offense is a misdemeanor (up to 6 months in jail and $1,000), but the second offense within 5 years is a felony (up to 10 years and $10,000). The bill extends potential criminal and civil liability to individuals and organizations associated with protesters who trespass onto pipeline property, as well. Under the bill, any individual or organization that “aids, abets, solicits, compensates, hires, conspires with, commands, or procures” someone to commit critical infrastructure trespass, with the intent that the person commit the offense, is subject to a fine of up to $100,000 fine and liable for a civil action by the infrastructure facility. “Critical infrastructure facility” is broadly defined as “any facility so vital to the state of Idaho… that the incapacity or destruction of such system or asset would have a debilitating impact on the state or national economic security, state or national public health or safety, or a combination of those matters,” including “but is not limited to” facilities in the energy sector as well as communications, transportation, and government facilities. (See full text of bill here)
Status: defeated / expired
Introduced 14 Feb 2023.
Issue(s): Conspiracy, Infrastructure, Traffic Interference, Trespass
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Idaho
HB 148: NEW PENALTIES FOR PROTESTS NEAR PIPELINES, ROADWAYS, AND OTHER INFRASTRUCTURE
Would create new potential criminal liability for protesters who demonstrate near existing or planned oil and gas pipelines or other energy infrastructure, as well as bridges, highways, or other transportation infrastructure, by criminalizing acts that "impede" critical infrastructure facilities. The offense requires that someone knowingly and willfully “impedes the operations of a critical infrastructure facility or a construction site” of a facility without authorization. “Impede” is defined to include “prevent[ing] legal access] to” a facility or the construction of a facility. The offense is a misdemeanor (6 months and $1,000) if the damage or economic loss is less than $1,000, or a felony (10 years and the cost of the damage or economic loss) if the damage or loss is more than $1,000. As such, a protester who is willfully and intentionally blocking the road to a pipeline construction site or a bridge, they could face 10 years in prison if the resulting delays caused losses of more than $1,000. The bill extends potential criminal and civil liability to individuals and organizations associated with protesters who “impede” infrastructure, as well. Under the bill, any individual or organization that “aids, abets, solicits, compensates, hires, conspires with, commands, or procures” someone to impede critical infrastructure, with the intent that the person commit the offense, is subject to a fine of up to $100,000 fine and liable for a civil action by the infrastructure facility. “Critical infrastructure facility” is broadly defined as “any facility so vital to the state of Idaho… that the incapacity or destruction of such system or asset would have a debilitating impact on the state or national economic security, state or national public health or safety, or a combination of those matters,” including “but is not limited to” facilities in the energy sector as well as communications, transportation, and government facilities. (See full text of bill here)
Status: defeated / expired
Introduced 14 Feb 2023.
Issue(s): Damage Costs, Conspiracy, Infrastructure, Traffic Interference
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Idaho
SB 1090: New penalties for protests near critical infrastructure
Would create new potential penalties for protests near oil or gas pipelines and other infrastructure facilities, including those under construction. The bill creates two new offenses: "critical infrastructure trespass," and "impeding critical infrastructure." Critical infrastructure trespass is defined in the bill as knowingly entering onto infrastructure property without authorization or not leaving once notified to depart; the bill classifies it as a misdemeanor punishable by up to one year in jail and a fine of $1,000. "Impeding" critical infrastructure is defined to include "preventing legal access to" a critical infrastructure property or construction site. Under the bill, such impediment is punishable by 10 years in prison and a $10,000 fine if the impediment results in $1,000 worth of damage or economic loss. If the damage or loss is less than $1,000, the offense is punishable by six months imprisonment and a $1,000 fine. The bill also provides that an organization "that aids, abets, solicits, compensates, hires, conspires with, commands, or procures" someone to impede critical infrastructure is subject to a $100,000 fine and liable for a civil action by the infrastructure facility. "Critical infrastructure facility" is broadly defined and among many other things includes oil and gas pipelines, refineries, water treatment plants, cell phone towers, and railroad tracks -as well as "[a]ny facility included [above] that is lawfully permitted and under construction." (See full text of bill here)
Status: defeated / expired
Introduced 11 Feb 2019.
Issue(s): Conspiracy, Infrastructure
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