Alaska
HB 71 / SB 74: New penalties for protesting without a permit
Would introduce new criminal and civil penalties that could cover participants in a spontaneous protest or other demonstration without a permit. The bill creates a new felony offense that would cover someone who “knowingly… obstructs or blocks a public place.” While it includes exceptions for “obstruction” authorized by a permit or otherwise authorized by the law, the new offense would clearly cover unpermitted protests—particularly large protests in public plazas, parks, streets, sidewalks or other places that might “obstruct” the movement of nonparticipants. 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 C felony, punishable by up to five years in prison and $50,000. In all other cases it would be a Class A misdemeanor, punishable by up to one year in jail and $25,000. 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,” including by “advising” another person to engage in the conduct or “conspiring” 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. A similar bill was introduced in 2024, though with lesser criminal penalties.
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See full text of bill here)
Status: pending
Introduced 27 Jan 2025.
Issue(s): Civil Liability, Protest Supporters or Funders, Traffic Interference
Missouri
SB 52: Broadened “riot” offense and heightened penalties
Would make “rioting” a felony and significantly expand the scope of the offense such that it could cover peaceful demonstrators. The bill would remove a requirement in current Missouri law than an individual use “force or violence” in order to be criminally liable for “riot”: Under the bill, 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). As such, 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). The bill does not appear to require that an individual have actually caused the injury or property damage in order to face the enhanced felony penalties. The bill would also create 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 does 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 be 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.
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See full text of bill here)
Status: pending
Introduced 27 Jan 2025.
Issue(s): Riot, Traffic Interference
