S 3887: Heightened penalties for riot offenses

Would significantly increase the penalties for federal “riot” and “incitement to riot” offenses if they involve property damage or injury. The bill would create a new, mandatory one-year prison sentence for anyone who commits “an act of violence” or aids someone else in doing so, while participating in, organizing, “inciting,” “promoting,” or “encouraging” a “riot.” The maximum penalty would jump to 10, instead of 5, years in prison. Federal law defines “act of violence” broadly to include using force against property—or just attempting or threatening to use such force. Under the bill, someone who knocked over a trash can, or merely threatened to do so, while cheering on an unruly protest, could face 10 years in prison.

Status: pending

Introduced 6 Mar 2024.

Issue(s): Riot

HB 386 / SB 255: New penalties for protesting in the street and other public places without a permit

Would introduce new criminal and civil penalties that could cover protesters who demonstrate in street and other public places without a permit. The bill creates a new offense of “obstruction of free passage in public places,” to apply if someone “knowingly renders a public place impassable or passable only with unreasonable inconvenience or hazard.” While it includes exceptions for “obstruction” authorized by a permit or otherwise authorized by the law or a person “in charge of” the premises, the new offense would clearly cover unpermitted protests—particularly large protests in public plazas, parks, streets or other places that might make it “unreasonably inconvenient” for other individuals or cars to pass. If the protest “substantially interferes” with someone’s access to a government building, or “interferes” with an emergency responder, the offense would be a Class A misdemeanor, punishable by up to a year in jail and $25,000. In all other cases it would be a Class B misdemeanor, punishable by 90 days in jail and $2,000. In addition to criminal penalties, the bill creates expansive civil liability for protesters who block public places. A person “whose passage is obstructed” could sue a protester for $10,000 if their rights were infringed, $50,000 if their property was damaged, and $100,000 if they were personally injured – in addition to attorney’s fees and costs. Under the bill, civil liability extends to anyone who “directly or indirectly, by words or action, aids, encourages, or authorizes the conduct,” or “conspires” to engage in the conduct. It also extends to anyone outside the state of Alaska if they “knew or had reason to know” that their acts were likely to lead to the obstruction. Finally, the bill substantially increases the penalty for trespassing if it creates a substantial risk of physical injury, or “interferes with” an “emergency response.” First degree trespass, which includes entering onto property with intent to violate a law, would be a Class C felony in such cases, punishable by five years in prison and $50,000, rather than a Class A misdemeanor. As such, protesters who for instance enter onto private property to engage in peaceful civil disobedience could face felony penalties.

Status: pending

Introduced 21 Feb 2024.

Issue(s): Damage Costs, Conspiracy, Traffic Interference, Trespass

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.

Status: defeated / expired

Introduced 8 Feb 2024.

Issue(s): Damage Costs, Conspiracy, Infrastructure, Trespass

HB 4746: NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE

Would create a new felony offense that could cover nonviolent protesters at pipeline and other infrastructure sites. Under the bill, someone who knowingly “vandalizes, defaces, tampers with” or damages part of a critical infrastructure facility commits a felony. If the “value of the property” (not the cost of the damage) is less than $500, the offense is a Class 4 felony, punishable by 1-3 years in prison and up to $20,000; if the property value is $500-$10,000, it is a Class 3 felony (2-5 years and $20,000); and if the property value exceeds $10,000, it is a Class 2 felony (3-7 years and $20,000). The bill newly defines "critical infrastructure facility" under Illinois law to include gas and oil pipelines and a range of pipeline-related facilities, as well as electric, water, telecommunications, railroad, and “health care” facilities, regardless of whether they are fenced off or clearly marked with signs. As such, a protester who chalked or spraypainted a pipeline without damaging its functionality could face felony charges and a lengthy prison sentence if convicted. The bill extends liability to anyone who “conspires with” a person to commit the offense. It also provides that critical infrastructure owners can sue for punitive and compensatory damages.

Status: pending

Introduced 5 Feb 2024.

Issue(s): Damage Costs, Conspiracy, Infrastructure

SB 3086: NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE

Would heighten the penalties for protests near oil and gas pipelines and other infrastructure that involve trespassing onto infrastructure property. Under the bill, knowingly entering or remaining on a "critical infrastructure facility" is a Class 4 felony, punishable by 1-3 years in prison and $25,000. Aggravated criminal trespass to a critical infrastructure facility--defined as trespass with "intent to damage, destroy, or tamper with equipment" in the facility--is a Class 3 felony punishable by 2-5 years and $25,000. The bill newly defines "critical infrastructure facility" under Illinois law to include gas and oil pipelines, including those under construction, and a range of pipeline-related facilities, as well as electric, water, telecommunications, and railroad facilities that are fenced off or posted. Nearly identical text was introduced as SB 3814 in the 2022 legislative session, and as SB 1312 in 2023.

Status: pending

Introduced 2 Feb 2024.

Issue(s): Infrastructure, Trespass

HB 626: New penalties for protesters at the statehouse

Creates two new criminal offenses that could cover organizers and participants of peaceful protests at the Kentucky statehouse. Under the bill, a person commits first degree “interference with a legislative proceeding” if they intentionally engage in “disorderly or disruptive conduct” in a legislative building, and the conduct “disrupts” or “impedes” a meeting of members of the legislature. The bill does not define “disrupt” or “impede,” so it is not clear whether even fleeting disruptions are included. An individual’s first offense is a Class A misdemeanor, punishable by up to one year in jail; a subsequent offense is a Class D felony, punishable by up to 5 years. As such, someone who twice engages in a noisy protest that interrupts a committee hearing, even momentarily, could face 5 years in prison. Under the bill, a person commits second degree “interference with a legislative proceeding” if they intend to “disrupt” or “impede” the legislature, and either (a) enter or “conspire” to enter or facilitate another person’s entering part of the statehouse or another legislative building, or (b) “obstruct or impede” or “conspire to obstruct or impede,” or “facilitate[] another person obstructing or impeding” the movement of a legislator or legislative staff inside a legislative building. An individual’s first offense is a Class B misdemeanor, punishable by up to 3 months in jail; a subsequent offense is a Class A misdemeanor. As written, the bill could result in jail sentences for advocates who organize large or noisy protests at the statehouse, as well as participants of such protests, even if they do not actually interfere with legislative proceedings. The bill also requires law enforcement to arrest individuals who commit either offense.

Status: defeated / expired

Introduced 21 Feb 2024; Approved by House 11 March 2024

HB 205: New racketeering penalties for protesters

Would add several protest-related offenses to the underlying crimes that can be prosecuted under Louisiana’s racketeering law, which carries steep penalties. The nine offenses added to the racketeering law under the bill include “riot,” “inciting to riot,” and “criminal damage to historic buildings or landmarks by defacing with graffiti.” Louisiana law defines “riot” broadly, requiring no actual violence or damage but three or more people engaged in a “public disturbance” that creates a “danger of injury or damage” by an “imminent threat of tumultuous and violent conduct.” As such, individuals who participate in tumultuous protests, or who “incite” others to participate in them, could be charged with a violation of Louisiana’s racketeering law if they did so more than once and as part of an enterprise with others. Racketeering violations are punishable by up to 50 years in prison with hard labor and a one million dollar fine. The bill also adds “criminal damage to a critical infrastructure” to the racketeering law, such that certain civil disobedience actions near pipelines and other infrastructure could be covered as well. 

Status: pending

Introduced 26 Feb 2024; Approved by House 2 April 2024

Issue(s): Conspiracy, Infrastructure, Riot

S 8646: New penalties for protesters who block traffic

Would create a new criminal offense that could cover unpermitted protests and demonstrations on streets, sidewalks, or near public buildings. According to the bill, a person participating in a protest without a permit who “obstructs” cars or pedestrians, or prevents people from entering or exiting buildings, commits a new offense of “aggravated disorderly conduct” if they intend “to cause public inconvenience, annoyance or alarm” or are “recklessly creating a risk thereof.” The offense would be a class A misdemeanor, punishable by one year in jail and $1,000. As written, an individual in a spontaneous protest that blocks a sidewalk, “recklessly creating a risk” of inconveniencing people, would be guilty of the offense. The bill would also add the offense to the underlying offenses that can be charged as a hate crime under New York law, and allow individuals arrested for the offense to be held for bail.

Status: pending

Introduced 26 Feb 2024.

Issue(s): Traffic Interference

A 8951: "Domestic terrorism" offense for protesters who block traffic

Would create a new felony “domestic terrorism” offense that could apply to nonviolent protesters who block roads or sidewalks. Under the bill, a person commits “domestic terrorism” if they “act with the intent to cause the deliberate blocking” of a public road, bridge, or tunnel that interferes with traffic or public safety. Notably, the bill does not require that the person actually block a road, only that they act with that intent, so that even planning or otherwise facilitating a street protest that would interfere with traffic could be covered by the offense. Further, for the purpose of the bill, “public road” is defined broadly to include “every class of public road, square and place,” including driveways, alleys, and sidewalks. If enacted, individuals who attend or organize a sidewalk protest that interferes with pedestrian traffic could face felony charges and up to 7 years in prison.

Status: pending

Introduced 30 Jan 2024.

Issue(s): Terrorism, Traffic Interference

HB 5091: Heightened penalties for protesters near pipelines and other infrastructure

Increases the penalties and broaden offenses that could cover nonviolent protesters near pipelines and other infrastructure. The law amends West Virginia’s 2020 critical infrastructure law to remove the limitation that the law’s offenses could only occur on critical infrastructure property “if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that.. indicate that entry is forbidden.” As a result, many more infrastructure sites are covered by the 2020 law’s trespass and tampering offenses, which carry significant penalties. The law also makes convictions for second and subsequent offenses of either the trespassing or tampering offenses a felony punishable by at least 2 and up to 10 years in prison and a fine of $10,000-$15,000. The law increases the fine for a person who “vandalizes, defaces, or tampers with” equipment in a critical infrastructure facility that causes damage of more than $2,500, from $1,000-$5,000 to $3,000-$10,000. (As introduced, the bill made second convictions punishable by a minimum of 5 years and a fine of $100,000-$250,000, and increased the fine for tampering or vandalizing from $1,000-$5,000 to $25,000-$100,000.)

Status: enacted

Introduced 25 Jan 2024; Approved by House 6 February 2024; Approved by Senate 4 March 2024; Signed by Governor Justice 26 March 2024

Issue(s): Infrastructure, Trespass

HB 5446: New penalties for protesters who block streets and sidewalks

Would create new penalties for protesters who block streets, sidewalks, and other public passageways. Under the bill, someone who obstructs a highway, street, sidewalk or “other place used for the passage of persons, vehicles, or conveyances,” whether alone or with others, commits a misdemeanor, punishable by up to one year in jail. A second or subsequent offense would be a felony, punishable by up to 3 years in prison. The bill defines “obstruct” to include conduct that makes passage “unreasonably inconvenient.” As such, protesters on a sidewalk who were deemed to have made it “unreasonably inconvenient” for pedestrians to pass could face jail terms.   

Status: defeated / expired

Introduced 5 Feb 2024.

Issue(s): Traffic Interference