Kentucky
HB 399: New penalties for protesters at the capitol
Creates serious new criminal offenses that can cover peaceful protesters at the state capitol, as well as anyone who “conspires” with or otherwise supports them. The first new offense applies to someone who enters the capitol, or impedes access to the capitol by a legislator or legislative staff, with intent to disrupt or impede legislative business—regardless of whether legislative business was in fact “impeded.” “Conspir[ing]” to engage in such conduct or “facilitat[ing]” another person to engage in the conduct is subject to the same penalties as actually engaging in it. It is a Class B misdemeanor (punishable by up to 3 months in jail) for a first incident, and a Class A misdemeanor (up to one year in jail) for subsequent incident. The law creates a second, more serious offense for someone who engages in “disorderly or disruptive conduct” inside the Capitol with intent to disrupt or impede legislative business, if their conduct in fact “disrupts” or “impedes” the legislature’s business—even momentarily. As written, the offense could cover a demonstrator who shouts a single chant during a legislative hearing. “Conspir[ing]” to engage in such conduct or “facilitat[ing]” another person to engage in the conduct is subject to the same penalties as actually engaging in it. The offense would be a Class A misdemeanor (punishable by up to one year in jail) for the first incident, and a Class D felony (up to 5 years in prison) for third and subsequent incident. Prior to passing the bill, lawmakers added an amendment which provides that the law will not be construed "to prohibit... [a]ssembly in traditional public forums, including but not limited to the Capitol rotunda and outdoor areas of the Capitol grounds." While helpful, the amendment does not immunize all peaceful protest activity that the law could potentially punish, including protest organizing. When he vetoed the bill (later overridden), Governor Beshear noted the risks it poses to lawful First Amendment activity.
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See full text of bill here)
Status: enacted
Introduced 6 Feb 2025; Approved by House 7 March 2025; Approved by Senate 13 March 2025; Vetoed by Governor Beshear 25 March 2025; Veto overridden 27 March 2025
Issue(s): Protest Supporters or Funders, Police Response
Missouri
HB 495 / SB 52: Broadened “riot” offense and heightened penalties
**Note: This law was amended prior to its enactment, and all provisions related to "riot" and "traffic interference" were removed.** As introduced, the law would have made “rioting” a felony and significantly expand the scope of the offense such that it could cover peaceful demonstrators. The introduced version of the law removed a requirement in preexisting Missouri law than an individual use “force or violence” in order to be criminally liable for “riot”: As such, under the law as introduced, an individual engages in “rioting” if they merely assemble with six people and commit any unlawful act. A first offense would be a Class D felony (up to seven years in prison and $10,000) rather than a misdemeanor, and subsequent offenses would be a Class C felony (up to 10 years and $10,000). For instance, participants in a seven-person vigil that commits a “peace disturbance” by blocking a sidewalk—a misdemeanor crime—could face felony charges. If anyone is injured during the “riot” or property damage of more than $5,000 occurs, the offense would be a Class B felony (up to 15 years), while if a police officer or other safety official is injured, rioting would be a Class A felony (up to life in prison). As introduced, the law would also have created a new offense of “unlawful traffic interference,” defined as walking, sitting, standing or otherwise being present on a public street “in such a manner as to block passage by a vehicle,” with the intention of “impeding” traffic. As written, the offense did not require that traffic actually be impeded for the offense to occur, such that peaceful protesters who gather in the street could be covered even if they do not actually impede any vehicles. Traffic interference would have been an infraction for the first offense, but a Class A misdemeanor (punishable by up to one year in jail) for second offense and a Class E felony (four years in prison) for third and subsequent offenses. Lawmakers amended the law before passing it to remove all provisions related to "riot" and "traffic interference."
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See full text of bill here)
Status: enacted with improvements
Introduced 8 Jan 2025; Approved by House 20 February 2025; Approved by Senate 10 March 2025; Signed by Governor Kehoe 26 March 2025
Issue(s): Riot, Traffic Interference
North Dakota
HB 1226: New criminal penalties for masked protesters
Creates a serious new crime that can cover peaceful protesters who choose to wear a mask. The law makes it a Class A misdemeanor, punishable by up to one year in jail and $3,000, to wear a mask “with the intent to conceal the identity” of the wearer while “congregating in a public place with other individuals wearing a mask, hood, or other device that covers, hides, or conceals any portion of the individual’s face.” The bill exempts public gatherings to celebrate “Halloween, a masquerade, or other similar celebration,” but does not include exemptions for masks worn during protests, or worn for health, religious, or other reasons. As written, the law can cover a protester wearing a mask to avoid retaliation for their political speech, if there are other individuals in the crowd also wearing a mask—for instance, a medical mask to avoid spreading or contracting a contagious disease.
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See full text of bill here)
Status: enacted
Introduced 13 Jan 2025; Approved by House 10 February 2025; Approved by Senate 9 April 2025; Signed by Governor Armstrong 23 April 2025
Issue(s): Face Covering
