US Protest Law Tracker

The US Protest Law Tracker, part of ICNL's US Program, follows initiatives at the state and federal level since January 2017 that restrict the right to peaceful assembly. For information about our methodology, click here.

45 states have
considered
229 bills
36 enacted 53 pending

No initiatives
Pending, defeated or expired initiatives
Enacted initiatives

Legislation and executive orders

Latest updates: Jul. 22, 2021 (Massachusetts), Jul. 16, 2021 (Missouri), Jul. 12, 2021 (Alabama)
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36 entries found matching the provided filters.
Alabama

SB 152: New controls on protest locations and costs for protest organizers

Allows municipalities in Lauderdale County to control where protesters may gather, and charge them expansive fees for a permit. Under the law, municipalities may prohibit spontaneous protests in public forums by requiring protesters to obtain permits in certain circumstances, including if the demonstration "will involve more than a certain number of individuals participating, as established by the municipality." The law also allows municipalities to charge protester organizers a permit fee that includes "the actual cost of cleanup," "the actual cost of the use of law enforcement officers," and "any other actual administrative cost incurred by the municipality." (See full text of bill here)

Status: enacted

Introduced 21 Feb 2021; Approved by Senate 16 March 2021; Approved by House 13 April 2021; Signed by Governor Ivey 27 April 2021

Issue(s): damage costs, security costs

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Arkansas

HB 1508: New penalties for protesters who block traffic, "riot", or damage monuments

As enacted, the law increases the penalty for obstructing a "public passage", from a Class C to a Class A misdemeanor. As such, an individual in a protest that makes a sidewalk "impassable to pedestrian... traffic" could face up to one year in jail. The law also creates a new mandatory minimum sentence of 30 days in jail for "rioting", and requires restitution for any injury or damage as a result of the offense. Rioting is defined in Arkansas to include engaging with two or more persons in "tumultuous" conduct that creates a "substantial risk" of "public alarm." The law requires that a person convicted of inciting a riot likewise pay restitution for any injury or damage as a result of the offense. The law provides that the state Attorney General may initiate an investigation into cases of riot, inciting riot, and obstructing a highway or other public passage. Finally, the law amends the definition of "act of terrorism" under Arkansas law, to include any act that causes "substantial damage" to a public "monument." It is not clear whether graffiti or other painting applied to a monument as part of a protest could comprise a terrorist act under the new law. (See full text of bill here)

Status: enacted

Introduced 22 Feb 2021; Approved by House 19 April 2021; Approved by Senate 22 April 2021; Signed by Governor Hutchinson 29 April 2021

Issue(s): damage costs, riot, terrorism, traffic interference

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Arkansas

HB 1321: New penalties for protests near gas and oil pipelines

Introduces harsh new penalties for protestors around gas and oil pipelines and other "critical infrastructure." The law broadly defines "critical infrastructure" to include a range of posted or fenced-off areas associated with natural gas and crude oil production, storage, and distribution, including above and below ground pipelines as well as pipeline construction sites and equipment. Under the law, purposely entering or remaining on any "critical infrastructure" is a Class D felony, punishable by up to 6 years in prison and a $10,000 fine. Separately, the law provides that trespassing on property outside of a city or town, regardless of whether it is posted, is a Class D felony if the property is "critical infrastructure." In nearly all other cases, trespass is a misdemeanor or minor violation. The law also creates a felony offense for anyone who purposely and unlawfully "causes damage" to critical infrastructure. Any amount of "damage," which the law does not define is a Class B felony under the law, punishable by 20 years in prison and a $15,000 fine. Under the law, protesters who hold a peaceful sit-in at a pipeline construction site and paint protest slogans on construction material, for instance, could face lengthy prison sentences. (See full text of bill here)

Status: enacted

Introduced 27 Jan 2021; Approved by House 9 March 2021; Approved by Senate 1 April 2021; Signed by Governor Hutchinson 14 April 2021

Issue(s): infrastructure, trespass

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Arkansas

HB 1578: Expanded Civil Liability for Those Who Incite a Riot and Criminal Penalties for Obstructing First Responders

Creates a civil cause of action for a person who is injured or has property damaged as a "direct or indirect" result of a riot against a rioter or a person or entity who incites a riot. Under Arkansas law, both the riot and incitement to riot statute are broad, creating potential liability for protesters or organizations who are interpreted to have urged others to have engaged in tumultuous or violent conduct. The bill also makes it a Class A misdemeanor, punishable by up to one year in jail, to knowingly obstruct or interfere with a first responder in providing medical services, or a Class D felony, punishable by up to six years, if the same is done purposefully. (See full text of bill here)

Status: enacted

Introduced 17 Feb 2017; Passed by House 2 March 2017; Passed by Senate 27 March 2017; Signed by Governor 6 April 2017.

Issue(s): damage costs, police response, riot, traffic interference

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Florida

HB 1/SB 484: Expanded definition of "riot" and new penalties for protesters

Enlarges the legal definition of "riot," a 3rd degree felony, to include any group of three or more individuals whose shared intent to engage in disorderly and violent conduct results in "imminent danger" of property damage or personal injury, or actual damage or injury. Notably, the new definition does not require that the individuals' conduct be disorderly or violent, or that they commit any actual damage or injury. Under the new law, a "riot" consisting of 25 or more people, or one that "endangers the safe movement of a vehicle," is automatically an "aggravated riot," a new 2nd degree felony offense under the law. As such, large groups of protesters or ones that block traffic, even temporarily, could face up to 15 years in prison. Under the new law, "inciting" someone to participate in a riot is a 3rd degree felony, punishable by 5 years in prison. The law also creates a new criminal offense of "mob intimidation," defined as a group of three or more people who act with a "common intent" to compel "or attempt to compel" another person to "do or refrain from doing any act," or "assume, abandon, or maintain a particular viewpoint" against their will. The offense is a first degree misdemeanor, punishable by up to one year in jail. The law creates a new 3rd degree felony offense, punishable by up to 5 years in prison, for anyone who "willfully and maliciously defaces, injures, or otherwise damages by any means" statues, flags, paintings, displays, or other "memorials" and the value of the damage is more than $200. As "deface" is not defined, protesters who apply paint or graffiti to a monument in the course of a peaceful protest could face up to 5 years in prison. The law could encourage violence against protesters, by creating a new affirmative defense in civil lawsuits for personal injury, death, or property damage, such that a defendant could avoid liability by establishing that the injury, death, or damage they committed "arose from" conduct by someone "acting in furtherance of a riot." Finally, the law creates a new civil right of action against a municipal government that fails to provide "respond appropriately to protect persons and property during a riot or unlawful assembly," making them civilly liable for damages, including personal injury or property damage. These provisions, if enacted, could encourage municipal governments to adopt overly aggressive law enforcement responses to protests in order to avoid lawsuits. (See full text of bill here)

Status: enacted

Introduced 6 Jan 2021; Approved by House 26 March 2021; Approved by Senate 15 April 2021; Signed by Governor DeSantis 19 April 2021

Issue(s): damage costs, police response, riot, traffic interference, state liability, stand your ground

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Indiana

SB 471: New penalties for protests near critical infrastructure

Heightens the potential penalties for protests near oil and gas pipelines and other infrastructure by creating the offenses of "criminal infrastructure facility trespass" and "critical infrastructure facility mischief." The law provides that an individual who knowingly enters a critical infrastructure facility without permission commits critical infrastructure facility trespass, a Level 6 felony punishable by up to 30 months in prison. Under the law, recklessly or knowingly defacing such a facility constitutes critical infrastructure facility mischief, punishable by up to six years in prison as a Level 5 felony. In either case, the individual may additionally be liable to the property owner for damages, costs, and attorney's fees. An individual found to have conspired with someone who commits either offense may also be liable for a fine of $100,000. The law newly defines "critical infrastructure facility" under Indiana law to include a range of oil, gas, electric, water, telecommunications, and railroad facilities, as well as any "facility that is substantially similar" to one of the listed facilities. (See full text of bill here)

Status: enacted

Introduced 14 Jan 2019; Approved by Senate 7 Feb 2019; Approved by House 25 March 2019; Signed by Governor Holcomb on 6 May 2019

Issue(s): conspiracy, infrastructure

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Iowa

SF 342: Heightened penalties for protesters convicted of "riot," "unlawful assembly," or blocking traffic, and immunity for drivers who injure them

Would elevate the penalties for "riot" from an aggravated misdemeanor to a Class D felony, punishable by up to 5 years in prison and $7,500. Iowa law defines "riot" as a group of three or more people assembled "in a violent manner," at least one of whom uses any unlawful force or violence against another person or causes property damage. The bill would also elevate "unlawful assembly," from a simple to an aggravated misdemeanor. Iowa law defines "unlawful assembly" as a group of three or more people, any of whom are acting "in a violent manner," and who intend that any of them will commit an offense. Under the bill, it is a serious (rather than simple) misdemeanor, punishable by one year in jail and a $1,875 fine, to "obstruct" a sidewalk, street, or "other public way" with the intent to hinder its use by others. If an individual obstructs a sidewalk or street while "present during an unlawful assembly," it is an aggravated misdemeanor, punishable by 2 years in jail and a $6,250 fine. If an individual obstructs a sidewalk or street while "present during a riot," it is a Class D felony, punishable by up to 5 years in prison and a $7,500 fine. Under the bill, a driver who injures someone who is participating in a "protest, demonstration, riot, or unlawful assembly," engaging in "disorderly conduct," and blocking traffic, is immune from civil liability as long as the driver was exercising "due care" and the protester did not have a permit to be in the street. The bill would also allow law enforcement who experience a physical or other injury while on duty to pursue civil damages from a person, group, or organization. Finally, the bill creates a new felony offense for "defacing" public property, "including a monument or statue." The offense, a Class D felony, is punishable by up to 5 years in prison, a $7,500, and mandatory restitution for any property damage. This bill was introduced and passed by the Senate as SF 534, but passed by the House as an amendment to SF 342. (See full text of bill here)

Status: enacted

Introduced 1 Mar 2021; Approved by Senate 10 March 2021, Approved by House 14 April 2021, Signed by Governor 16 June 2021

Issue(s): damage costs, driver immunity, riot, traffic interference

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Kansas

SB 172: New penalties for protests near gas and oil pipelines

Creates four new criminal offenses that could capture the conduct of peaceful protesters near pipelines. Under the law, entering or remaining in a "critical infrastructure" facility, or on property containing such a facility if it is posted with signs or fenced off, is a Class A misdemeanor, punishable by up to one year in jail and a $2,500 fine. Trespassing with intent to "tamper with" a critical infrastructure facility, or to "impede or inhibit" its operations, is a Level 7 felony, punishable by approximately 2 years in prison. Actually, knowingly "tampering with" the facility is a Level 6 felony, punishable by approximately 3 years in prison, and doing so with the intent to impede or inhibit the facility's operations is a Level 5 felony, punishable by approximately 4 years in prison. The law also creates a broad new definition of critical infrastructure," which includes among many other things "a portion of any belowground or aboveground oil, gas, hazardous liquid or chemical pipeline" or any storage, processing, or distribution facility for crude oil or natural gas. When it was introduced, the law included new penalties for "defacing" and "vandalizing" critical infrastructure; civil liability for any person or "entity" that provided compensation to someone to commit the offenses described above; and added the trespass and damage offenses above to the underlying crimes that could be prosecuted under the state's RICO law. These provisions were removed prior to the law's enactment. (See full text of bill here)

Status: enacted

Introduced 8 Feb 2021; Approved by Senate 2 March 2021; Approved by House 30 March 2021; Signed by Governor Kelly 9 April 2021

Issue(s): damage costs, conspiracy, infrastructure, trespass

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Kentucky

HB 44: New penalties for protests near pipelines and other infrastructure

Would create new potential criminal and civil penalties for protests around oil or gas pipelines and other infrastructure facilities. Like HB 238, introduced in the 2019 session, HB 44 amends the definition of "key infrastructure assets" under Kentucky law to include "natural gas or petroleum pipelines." Encompassed facilities and properties designated "key infrastructure assets" are not limited to areas that are fenced off or posted by "no entry" signs. Trespass onto "key infrastructure assets" is a Class B misdemeanor for the first offense (up to three months in jail) and a Class A misdemeanor for subsequent offenses (up to one year in jail). As introduced, the bill created a new offense for for a person who "intentionally or wantonly... tampers with, impedes, or inhibits operations of a key infrastructure asset." This conduct would comprise "criminal mischief in the first degree"--a Class D felony, which under Kentucky law can be punished by up to five years in prison. A protest that "impede" access to a pipeline by blocking a road, or one that "inhibited" the operation of a pipeline by blocking pipeline construction, could presumably fall under this definition. The introduced bill also provided that any "person" (which under Kentucky law could include an organization) may be civilly liable if they "knowingly compensate[] or remunerate[]" another person to commit criminal mischief on a key infrastructure asset. The damages include actual damages to personal or real property "caused by the crime" as well as punitive damages, court costs, and attorney's fees.

**An amendment removed the language penalizing activity that "impeded" or "inhibited" operations of infrastructure like a pipeline. The enrolled version instead penalizes "tamper[ing] with the operations of a key infrastructure asset... in a manner that renders the operations harmful or dangerous." The amendment also narrowed vicarious civil liability anyone who "knowingly directs or causes a person" to commit the tampering offense.** (See full text of bill here)

Status: enacted

Introduced 29 Aug 2019; Prefiled as BR 204 on 29 August 2019; Approved by House 10 February 2020; Approved by Senate 5 March 2020; Signed by Governor Beshear on 16 March 2020

Issue(s): conspiracy, infrastructure, trespass

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Louisiana

HB 727: Heightened penalties for protesting near a pipeline

Targets protests around gas and oil pipelines by expanding the definition of "critical infrastructure" and providing for the offense of "unauthorized entry of a critical infrastructure." Under the law, "critical infrastructure" is amended to include "pipelines," "any site where the construction or improvement of [pipelines or any other listed infrastructure facility] is taking place," as well as "all structures, equipment, or other immovable or movable property located within or upon" such facilities. Unauthorized entry onto critical infrastructure property as defined above is punishable by imprisonment with or without hard labor for up to five years and a fine of $1,000. As originally introduced, the law included a new crime of "conspiracy to engage in unauthorized entry" of a critical infrastructure facility, punishable by imprisonment with or without hard labor for up to five years and a fine of $10,000, such that individuals who only planned to hold a peaceful protest on infrastructure property could be prosecuted. The amended and enacted version of the bill removed the provisions on conspiracy, however. In addition, prior to the law's enactment, provisions were added to mandate that the law would not apply to "[l]awful assembly and peaceful and orderly petition, picketing, or demonstration for the redress of grievances or to express ideas or views regarding legitimate matters of public interest." (See full text of bill here)

Status: enacted

Introduced 26 Mar 2018; Approved by House 12 April 2018; Approved by the Senate 8 May 2018; Signed into law by Governor Edwards 30 May 2018

Issue(s): infrastructure, trespass

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Mississippi

HB 1243: 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 7 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 site where the construction or improvement of any [referenced] facility... is ongoing." (See full text of bill here)

Status: enacted

Introduced 19 Feb 2020; Approved by House 4 March 2020; Approved by Senate 15 June 2020; Signed by Governor 25 June 2020.

Issue(s): conspiracy, infrastructure, trespass

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Missouri

HB 355: New penalties for protests near gas and oil pipelines

Would create new potential penalties for protests near gas and oil pipelines and other "critical infrastructure." The bill--which was substituted by a Missouri Senate committee for a House bill on sentencing guidelines--would heighten the penalties for trespass occuring on critical infrastructure property. Trespass with intent "to damage, destroy, vandalize, deface, [or] tamper with" a facility or intent to "impede or inhibit the operations" of a facility would be a Class A misdemeanor, punishable by one year in jail and a $2,000 fine. Protesters seeking to peacefully demonstrate against construction of a new pipeline, for instance, with the intent to disrupt that construction, could be prosecuted under the bill. The bill would also newly criminalize "damage" to critical infrastructure, broadly defined to include vandalism, and make it a Class C felony, punishable by 10 years in prison and a $10,000 fine. The bill would also newly and broadly define "critical infrastructure" to include oil and gas pipelines, refineries, cell phone towers, and railroad tracks whether operational or under construction. (See full text of bill here)

Status: enacted

Introduced 18 Apr 2019; Approved by Senate as amended 17 May 2019; Approved by House 17 May 2019; Signed by Governor Parson on 11 July 2019

Issue(s): infrastructure, trespass

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Missouri

HB 1413: Limiting public employees' ability to picket

***Note: A Judge of the Circuit Court of St. Louis County found HB 1413 unconstitutional in its entirety and granted a permanent injunction against the enforcement of the law on January 27, 2020. ***

Bars certain public employees from picketing. The law requires that all labor agreements negotiated between a "public body" and a labor organization "shall expressly prohibit all strikes and picketing of any kind." The law further mandates that such agreements provide for the "immediate termination" of "any public employee who...pickets over any personnel matter." "Public body" is broadly defined in the law to include "the state of Missouri, or any officer, agency, department, bureau, division, board or commission of the state, or any other political subdivision or special district of or within the state"; accordingly, the law may apply to many labor agreements. While "picketing" is not defined under the law, Missouri Code elsewhere refers to "picketing or other organized protests" as "constitutionally protected activity," indicating that picketing as used in HB 1413 includes protests and demonstrations unrelated to labor strikes. (See full text of bill here)

Status: enacted

Introduced 3 Jan 2018; Approved by House 12 February 2018; approved by Senate 16 May 2018; Signed by Governor Greitens 1 June 2018

Issue(s): strikes

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Montana

HB 481: New penalties for protests near gas and oil pipelines

Would heighten penalties for protests near oil pipelines and other "critical infrastructure facilities", including those under construction. The bill creates an offense of trespassing on critical infrastructure, defined as willfully and knowingly entering property containing a critical infrastructure facility that is posted or fenced. It is punishable by a misdemeanor of up to 6 months in jail or a $1,500 fine. If a person trespasses with the intent to willfully impede the facility's operations, or damage, deface, or tamper with facility equipment, the offense is a felony punishable by up to eighteen months in prison or a $4,500 fine. An organization that is found to be a conspirator in trespass on critical infrastructure is liable for fines that are ten times the amount authorized for the crime. A person who trespasses can be held liable for damages to property while trespassing, including damages to network performance or outage issues proximately caused by the trespass. An entity or person that compensates or provides consideration to someone for trespass may be held vicariously liable for damages committed by that person. "Critical infrastructure facility" is broadly defined and among many other things includes oil and gas pipelines, refineries, water treatment plants, railroad tracks, and telephone poles. (See full text of bill here)

Status: enacted

Introduced 18 Feb 2021; Approved by House 2 March 2021; Approved by Senate 16 April 2021; Governor Signed 14 May 2021

Issue(s): damage costs, conspiracy, infrastructure, trespass

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North Dakota

SB 2044: Heightened penalties for protests near critical infrastructure

Enhances potential penalties for individuals who protest near existing and planned gas and oil pipelines by criminalizing acts that interrupt or interfere with critical infrastructure facilities. In addition to prohibiting actual tampering with critical infrastructure property and equipment, the law prohibits "interfering, inhibiting, impeding, or preventing the construction or repair" of a critical infrastructure facility. Further, the law expands the definition of "critical infrastructure facility" to include a "site or location designated or approved for the construction of a facility" such as an oil or gas pipeline. Intentional interruption of a critical infrastructure facility, including by interfering with pipeline construction, is a Class C felony under the law, subject to a penalty of five years' imprisonment, a fine of $10,000, or both. The law also creates organizational liability for such acts: An organization found to have "conspired" with an individual who committed the interference could be criminally liable for ten times the fee imposed on the individual, or up to $100,000. (See full text of bill here)

Status: enacted

Introduced 3 Jan 2019; Approved by Senate 15 Feb 2019; Approved by House 25 March 2019; Signed by Governor Burgum 10 April 2019

Issue(s): conspiracy, infrastructure

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North Dakota

HB 1426: Heightened penalties for riot offences

Increases the penalties imposed for riot offenses. Under the law, participation in a riot is a Class A rather than Class B misdemeanor, punishable by up to one year in prison and a $3,000 fine. Engaging in a riot involving more than 100 people is made a Class B felony, subject to 10 years in prison and a $20,000 fine. (See full text of bill here)

Status: enacted

Introduced 16 Jan 2017; Governor Burgum signed the law on 23 Feb 2017

Issue(s): riot

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North Dakota

HB 1293: Expanded scope of criminal trespass

Expands the scope of criminal trespass activity under state law such that it could encompass protests, demonstrations, or other gatherings on private property, if notice against trespass is "clear from the circumstances." The offense could be punishable by up to 30 days in jail and a $1,500 fine. The law also creates an additional, noncriminal trespass offense and allows officers to issue a citation with a $250 fine for trespassing. Governor Burgum signed the law on February 23, 2017. (See full text of bill here)

Status: enacted

Introduced 12 Jan 2017; Signed into law 23 Feb 2017

Issue(s): trespass

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North Dakota

HB 1304: New penalties for protesters who conceal their identity

Prohibits the wearing of masks, hoods, or other device that "conceals any portion" of an individual's face while committing a criminal offense, in order to avoid recognition or identification. As drafted, the offense could encompass, e.g., individuals wearing hooded clothing while participating in a protest and also committing a minor offense such as jaywalking. Under the law, commission of the offense comprises a Class A misdemeanor, punishable by up to one year in jail and a $3,000 fine. (See full text of bill here)

Status: enacted

Introduced 12 Jan 2017; Governor Burgum signed it 23 Feb 2017

Issue(s): face coverings

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Ohio

SB 33: New penalties for protests near critical infrastructure

The law heightens penalties for protests near oil and gas pipelines and other infrastructure by expanding the definitions of "criminal trespass" and "criminal mischief." The law provides that entering and remaining on marked or fenced-off property that contains a "critical infrastructure facility" is criminal trespass and a first degree misdemeanor, punishable by up to six months in jail and a $1,000 fine. Doing so with the purpose of "tampering with" the facility would constitute aggravated trespass, a third degree felony--punishable by up to ten years in prison and a $20,000 fine. Knowingly and "improperly tampering" with the facility would constitute "criminal mischief," likewise a third degree felony. "Critical infrastructure facility" is expansively defined to encompass oil, gas, electric, water, telecommunications, and railroad facilities among many others. The law also imposes fines on organizations found guilty of "complicity" in the trespass or mischief offenses, in the amount of ten times the maximum fine that can be imposed on an individual. Ohio law defines "complicity" to include soliciting, procuring, aiding, abetting, or conspiring with another to commit an offense. (See full text of bill here)

Status: enacted

Introduced 12 Feb 2019; Approved by Senate 1 May 2019; Approved by House 17 December 2020; Signed by Governor DeWine 11 January 2021

Issue(s): conspiracy, infrastructure

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Oklahoma

HB 1674: Penalties for protesters who block traffic, immunity for drivers who hit protesters, and liability for organizations that work with protesters

Creates new penalties for protesters who obstruct traffic while participating in a "riot," and protects drivers who "unintentionally" hit them. Under the law, a person who participated in a "riot" and "obstructed" the "normal use" of a public street or highway, is guilty of a misdemeanor punishable by up to one year in prison, a $5,000 fine, and restitution for any property damage that occurs. The law defines "obstruct" to include rendering the street or highway "unreasonably inconvenient or hazardous" for cars' passage, including by "standing" on the street or highway. "Riot" is broadly defined under existing Oklahoma law, to include a group of three or more people who make "any threat to use force." The new law also shields from liability a driver who injures or kills someone while "fleeing from a riot," as long as they did so "unintentionally," were "exercising due care," and held a "reasonable belief" that they needed to flee to protect themselves. Under the law, such a driver cannot be held civilly or criminally liable for the injuries or death they caused. Finally, the law provides that an organization found to have "conspired" with individuals who are found guilty of certain offenses; including "unlawful assembly," "riot," "incitement to riot," refusing to aid in the arrest of a "rioter," and remaining at the scene of a "riot" after being ordered to disperse will be fined ten times the maximum amount of fine authorized for the individual's offense. (See full text of bill here)

Status: enacted

Introduced 2 Feb 2021; Approved by House 10 March 2021; Approved by Senate 14 April 2021; Signed by Governor Stitt 21 April 2021

Issue(s): damage costs, conspiracy, driver immunity, riot, traffic interference

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Oklahoma

HB 1123: New penalties for protests near critical infrastructure

Targets protests around certain public facilities by creating a new criminal offense for trespass onto property containing "critical infrastructure." The law's extensive list of "critical infrastructure" facilities ranges from a petroleum refinery to a telephone pole. Willfully entering onto property containing critical infrastructure without permission is a misdemeanor, punishable by up to $1,000 or six month in jail, or both. Evidence of intent to damage or otherwise harm the operations of the infrastructure facility would make the offence a felony, punishable by at least $10,000 (with no maximum provided) or imprisonment for one year, or both; actual damage or vandalizing of the facility is punishable by up to 10 years in prison and a $100,000 fine. Organizations found to have "conspired" with perpetrators are liable for up to $1,000,000. The sponsor of the law told a House of Representatives committee that it was prompted by the Dakota Access Pipeline protests in North Dakota. (See full text of bill here)

Status: enacted

Introduced 6 Feb 2017; Signed into law 3 May 2017

Issue(s): conspiracy, infrastructure, trespass

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Oklahoma

HB 2128: Heightened penalties for protesters who trespass onto private property

Increases the potential penalties levied on individuals who protest on private property without permission. The law allows prosecutors to hold anyone arrested for or convicted of trespass liable for any damages to personal or real property caused while trespassing. (See full text of bill here)

Status: enacted

Introduced 6 Feb 2017; Governor Fallin signed into law 15 May 2017

Issue(s): trespass

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South Dakota

SB 151: New penalties for protests near pipelines and other infrastructure

Would heighten the penalties for protests near oil and gas pipelines and other infrastructure. Under the bill, knowingly trespassing on property containing a critical infrastructure facility is a misdemeanor punishable by a year in prison and a $2000 fine. Knowingly tampering with any property and as a direct result either causing "substantial interruption or impairment" to a critical infrastructure facility or interfering, inhibiting, or impeding the maintenance or construction of a critical infrastructure facility is a felony punishable by two years in prison and/or a $4000 fine. Knowingly tampering or interfering with the operation or maintenance of a critical infrastructure facility that causes physical injury or death is punishable by ten years in prison and a $20,000 fine. A person or organization found to be a "conspirator" in any of the above provision faces a range of criminal fines. Any owner, lessee, or operator of any critical infrastructure facility where a crime is committed under one of the above provisions is designated a "victim" under South Dakota law, which entitles them to restitution and a set of victims' rights. As such, a company that owns a critical infrastructure facility can seek restitution from a person convicted of any of the above provisions as well as from any conspirator. (See full text of bill here)

Status: enacted

Introduced 4 Feb 2020; Approved by Senate 27 February 2020; Approved by House 9 March 2020; Signed by Governor March 18 2020

Issue(s): conspiracy, infrastructure, trespass

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South Dakota

HB 1117: New criminal and civil liability for "incitement to riot"

Would revise the state's laws on rioting and replace a "riot-boosting" law that was passed last year but later blocked by a federal court as unconstitutional. The bill would revise the definition of "riot" under South Dakota law to be "any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property." Under the bill, "incitement to riot" would be a new felony offense, punishable by up to 5 years in prison and $10,000 in fines, and defined as conduct that "urges" three or more people to use force or violence to cause personal injury or property damage, if the force or violence is "imminent" and the urging is likely to "incite or produce" the force or violence. The bill defines "urging" to include "instigating, inciting, or directing," but excludes "oral or written advocacy of ideas or expression of belief that does not urge" imminent force or violence. Under the bill, individuals could additionally be civilly liable for riot and incitement to riot, enabling lawsuits against protesters by the state, counties, or municipalities. Both 2019's "riot-boosting" law and HB 1117 appear to target planned protests against construction of the Keystone XL pipeline. (See full text of bill here)

Status: enacted

Introduced 29 Jan 2020; Approved by House 18 February 2020; Approved by Senate 5 March 2020; Signed by Governor Noem 23 March 2020

Issue(s): riot

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South Dakota

SB 189: Expanded civil liability for protesters and protest funders

**Note: According to an October 24, 2019 settlement agreement that resulted from a constitutional challenge to SB189, the state will not enforce many of the provisions of the law that could be applied to peaceful protesters and organizations that support them.**
SB189 created new civil liability for "riot boosters." South Dakota criminal law defines "riot" broadly such that it can cover some forms of peaceful protest; as originally enacted, SB189 created civil liability for a person or organization that "does not personally participate in any riot but directs, advises, encourages, or solicits other persons participating in the riot to acts of force or violence." It was unclear what might have constituted "advice" or "encouragement" to carry out an act of force, such that an individual who shouted encouragement on the sidelines of a disruptive protest, or organizations that provided advice about conducting a peaceful but disruptive protest, might have been implicated. Following the October 24, 2019 settlement, the state will not enforce this provision.

Nonetheless, enforceable provisions of the law still establish civil liability for any person or organization that is advised or encouraged by another, and that "makes any threat to use force or violence, if accompanied by immediate power of execution" in a group of three or more persons. The state or a third party may sue the person or organization for extensive civil damages, including punitive damages. Further, enforceable provisions of the law provide that a person or organization is liable for "riot boosting" if they engage in it personally "or through any employee, agent, or subsidiary." Accordingly, individuals, organizations, and funders may still be held civilly liable for substantial amounts of money for any involvement in a disruptive protest. Damages recovered by the state shall, according to the law, be deposited in a "riot boosting recovery fund," which may be used to pay for the state's response to disruptive protests. (See full text of bill here)

Status: enacted

Introduced 4 Mar 2019; Approved by Senate 7 March 2019; Approved by House 7 March 2019; Signed by Governor Noem 27 March 2019

Issue(s): damage costs, conspiracy, infrastructure, riot

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South Dakota

SB 176: Expanding governor's power to restrict certain protests

Expands the governor's authority to curtail protest activities on public lands and restricts protests that interfere with highway traffic. The law enables the governor and sheriff to prohibit gatherings of 20 or more people on public land, if the gathering might damage the land or interfere with the renter's use of the land. The law enables South Dakota's Department of Transportation to prohibit or otherwise restrict an individual or vehicle from stopping, standing, parking, or being present on any highway if it interferes with traffic. The law also expands the crime of trespass, providing that an individual who defies a posted order not to enter a zone where assembling has been prohibited would be guilty of criminal trespass. Obstructing traffic or committing criminal trespass are classified as Class 1 misdemeanors, punishable by one year in jail or a $2,000 fine, or both. (See full text of bill here)

Status: enacted

Introduced 3 Mar 2017; Governor Daugaard signed into law 14 March 2017

Issue(s): traffic interference, trespass

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Tennessee

SB 451 / HB 881: Mandatory penalties for expanded aggravated riot offense

Would expand the definition of aggravated riot and create new mandatory minimum penalties for that offense. To be convicted of riot under current Tennessee law, a person only needs to knowingly gather with two or more people whose tumultuous and violent conduct creates "grave danger of substantial damage to property or serious bodily injury to persons or substantially obstructs law enforcement or other governmental function." For instance, one could be held guilty of riot for merely joining a large protest in which there is isolated pushing, even if no one is injured. Under current law, a person commits aggravated riot if they participate in a riot and someone is injured or substantial property damage occurs, even if the person did not commit any violence or intend violence to occur. Under the proposed bill, a person would also be guilty of aggravated riot if they participate in a riot and either participated in exchange for compensation or "traveled from outside the state with the intent to commit a criminal offense." A "criminal offense" could include, for example, temporarily blocking a street as part of a protest. "Aggravated riot" is a Class E felony, which is punishable by up to 6 years in jail and a fine of $3,000; the bill introduces a mandatory minimum of at least 45 days of imprisonment. (See full text of bill here)

Status: enacted

Introduced 8 Feb 2021; Approved by Senate 11 March 2021; Approved by House 28 April 2021; Signed by Governor 13 May 2021

Issue(s): riot

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Tennessee

HB 8005/SB 8005: Heightened Penalties for "Inconvenient" Protests and Protest Camps on State Property

The law heightens penalties for certain offenses that could encompass conduct by peaceful protesters. The law heightens existing criminal penalties for blocking a street, sidewalk, or "any other place used for the passage of persons, vehicles or conveyances" from a Class C to a Class A misdemeanor. Accordingly, protesters who obstruct or make it "unreasonably inconvenient" to use a street or sidewalk could face up to one year in jail. The law likewise heightens penalties for the existing offense of "obstructing" or "interfering with" a lawful meeting, procession, or gathering, from a Class B to Class A misdemeanor. Protesters who intentionally "interfere with" a meeting of the legislature or other government officials, including by staging a loud protest, could therefore face up to one year in jail. The law also targets protest encampments on the grounds of the Capitol and other areas by broadening the definition of "camping," and heightening penalties for camping on state property. As such, protesters who use or place any "piece of furniture," shelter, or structure on state property could be charged with a Class E felony, if they continue to do so 24 hours after receiving a warning. The offense would be punishable by up to six years in prison, a fine of $3,000, and restitution for any property damage. The law also amends Tennessee provisions on "riot," (which is defined broadly), including by requiring those convicted of "inciting" or "urging" a riot to pay restitution for any property damage incurred by the offense. When it was introduced, the legislation authorized the Tennessee Attorney General to intervene and prosecute offenses where there has been damage to state property, including those arising in the context of peaceful protests, if the district attorney declined to do so; however those provisions were removed prior to the law's enactment, and replaced with a requirement that district attorneys produce a report on such offenses and how they were dealt with. (See full text of bill here)

Status: enacted

Introduced 7 Aug 2020; Approved by House and Senate 12 August 2020; Signed by Governor Lee 20 August 2020

Issue(s): damage costs, riot, traffic interference, camping

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Tennessee

SB 264: New penalties for protests near gas and oil pipelines

Creates new potential penalties for protests and demonstrations that "interrupt" or "interfere with" a pipeline or pipeline construction site. The law makes it a Class E felony for an individual to knowingly "destroy, injure, interrupt or interfere with" a pipeline, pipeline facility, or related infrastructure, including if it is under construction. The offense is a Class E felony, punishable by up to six years in prison and a $3,000 fine. As introduced, the law provided that an individual or organization that causes or "aids" damage or interference would likewise be guilty of a Class E felony, however these provisions were amended out prior to the law's passage. (See full text of bill here)

Status: enacted

Introduced 29 Jan 2019; Approved by Senate 18 Feb 2019; Approved by House 30 April 2019; Signed by Governor Lee 10 May 2019

Issue(s): conspiracy, infrastructure

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Tennessee

SB 0902: New penalties for protesters who block traffic

Imposes a new fine on any person who intentionally, knowingly, or recklessly obstructs a public highway or street "including in the course of a protest" and in doing so interferes with an emergency vehicle's access to or through the highway or street. "Emergency vehicle" is broadly defined as "any vehicle of a governmental department or public service corporation when responding to an emergency," a police or fire department vehicle, or an ambulance. Unlawful obstruction of a street or highway was already a Class C misdemeanor subject to up to 30 days in jail; the law adds a $200 fine to the penalty. Sponsors made clear that the law was aimed at protests that obstructed highways. (See full text of bill here)

Status: enacted

Introduced 9 Feb 2017; Governor Haslam signed into law 12 April 2017

Issue(s): traffic interference

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Texas

HB 9: New Penalties for Protesters who Block Traffic

Would heighten existing penalties for anyone who "knowingly prevents the passage of an authorized emergency vehicle" if the vehicle "is operating the vehicle’s emergency audible or visual signals" from a Class B misdemeanor to a state jail felony. "Emergency vehicle" is broadly defined as "a municipal department or public service corporation emergency vehicle," a police or fire department vehicle, an ambulance, a vehicle of a blood or tissue bank, or a "private vehicle of an employee or volunteer of a county emergency management division." The law also requires that anyone convicted of preventing the passage of an authorized emergency vehicle must serve no less than 10 days of confinement even if the court grants community supervision to the defendant. (See full text of bill here)

Status: enacted

Introduced 25 Feb 2021; Approved by House 6 May 2021; Approved by Senate 22 May 2021; Signed by Governor 1 June 2021

Issue(s): traffic interference

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Texas

HB 3557: New criminal and civil penalties for protests around critical infrastructure

Creates new criminal sanctions and expansive civil liability for protests near pipelines and other infrastructure facilities, including those under construction. The law provides for four new criminal offenses. One, "impairing or interrupting operation of critical infrastructure facility," is defined as entering or remaining on facility property and intentionally or knowingly "impair[ing] or interrupt[ing] the operation of" the facility. The act is a state jail felony, punishable by up to two years in jail and a $10,000 fine. This provision could target peaceful protests that, e.g., hinder access to pipelines or pipeline construction sites. A second offense, "intent to impair or interrupt critical infrastructure," is defined as entering or remaining on facility property "with the intent to impair or interrupt the operation of the facility." The act is a Class A misdemeanor, punishable by a year in jail and a $4,000 fine. This provision could capture peaceful protests that take place near a pipeline or other infrastructure facility, regardless of whether they actually impair or interrupt the facility's operations. The law also creates two new felony offenses for "damage" and "intent to damage" critical infrastructure. Under the law, an association that is found guilty of any of the offenses around critical infrastructure is subject to a $500,000 fine. The law also creates new civil and vicarious liability for individuals and organizations related to the criminal offenses: A defendant who engages in conduct covered by any of the criminal offenses is civilly liable to the property owner, as is an organization that "knowingly compensates" a person for engaging in the conduct. The property owner may sue for and claim actual damages, court costs, and exemplary damages. (See full text of bill here)

Status: enacted

Introduced 6 Mar 2019; Approved by House 7 May 2019; Approved by Senate 20 May 2019; Signed by Governor Abbott 14 June 2019

Issue(s): conspiracy, infrastructure

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Utah

SB 173: Criminal penalties for protests that disturb legislative or other government meetings

Would create new criminal penalties for individuals protesting convenings of the legislature or other meetings of government officials. The bill expands "disorderly conduct" to include a person that recklessly causes public inconvenience, annoyance, or alarm by making "unreasonable noises" at an official meeting or in a private place that can be heard at an official meeting. Similarly, disorderly conduct is defined to include obstructing pedestrian traffic at an official meeting or refusing to leave an official meeting when asked by law enforcement. The bill also increases the penalty for disorderly conduct with it punishable by a $750 fine on the first offense (an infraction), up to 3 months in jail if one had been warned to cease prohibited conduct (Class C misdemeanor), up to 6 months for a second offense (Class B misdemeanor), and up to 1 year for a third offense (Class A misdemeanor). Accordingly, if adopted, the bill could, for instance, be used to penalize silent protesters who refuse to leave a legislative committee meeting. An earlier version of the bill explicitly made it unlawful to commit even a "single, loud outburst, absent other disruptive conduct, that does not exceed five seconds in length". (See full text of bill here)

Status: enacted

Introduced 24 Feb 2020; Approved by Senate 5 March 2020; Approved by House 12 March 2020; Signed by Governor 30 March 2020

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West Virginia

HB 4615: New penalties for protests near gas and oil pipelines

Would heighten the penalties for protests near oil and gas pipelines and other infrastructure. Under the bill, knowingly trespassing on property containing a critical infrastructure facility is punishable by a year in jail and a $500 fine. Criminal trespass on critical infrastructure property with intent to "vandalize, deface, tamper with equipment, or impede or inhibit operations" of the facility is a felony punishable by up to three years in prison and a $1,000 fine. Actually vandalizing, defacing, or tampering with the facility--regardless of actual damage--is a felony punishable by 5 years in prison and a $2,000 fine. An individual convicted of any of the offenses, and any entity that "compensates, provides consideration to or remunerates" a person for committing the offenses, is also civilly liable for any damage sustained. An organization or person found to have "conspired" to commit any of the offenses--regardless of whether they were committed--is subject to a criminal fine. The bill newly defines "critical infrastructure facility" under West Virginia law to include a range of oil, gas, electric, water, telecommunications, and railroad facilities that are fenced off or posted with signs indicating that entry is prohibited. (See full text of bill here)

Status: enacted

Introduced 30 Jan 2020; Approved by House 13 February 2020; Approved by Senate 7 March 2020; Signed by Governor Justice 25 March 2020

Issue(s): conspiracy, infrastructure, trespass

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West Virginia

HB 4618: Eliminating police liability for deaths while dispersing riots and unlawful assemblies

Reaffirms West Virginia's problematic law on rioting, and adds the West Virginia Capitol Police to those authorities who cannot be held liable for the deaths and wounding of individuals in the course of dispersing riots and unlawful assemblies. Under prior West Virginia law, the State Police, sheriffs, and mayors had authority to use means such as curfews and warrantless searches to disperse riots and unlawful assemblies; the law reaffirms and extends this authority to the Capitol Police. According to the law, if a bystander is asked to assist in the dispersal and fails to do so, he or she "shall be deemed a rioter." The law also adds Capitol Police to existing provisions eliminating liability if anyone present, "as spectator or otherwise, be killed or wounded," while the authorities used "any means" to disperse riots or unlawful assemblies or arrest those involved. The law was passed during a statewide strike by West Virginia teachers, thousands of whom protested in February 2018 at the State Capitol. (See full text of bill here)

Status: enacted

Introduced 13 Feb 2018; Approved by House 22 February 2018; Approved by Senate 8 March 2018; Signed by Governor Justice 10 March 2018

Issue(s): police response, riot, strikes

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Wisconsin

AB 426: New penalties for protests near gas and oil pipelines

Would create new potential penalties for protests near oil and gas pipelines and other property of "energy providers." The bill expands existing law related to trespass and property damage to broadly include the property of all companies in the oil and gas industry. Under the bill, trespass onto the property of any "company that operates a gas, oil, petroleum, refined petroleum product, renewable fuel, water, or chemical generation, storage, transportation, or delivery system" would be a Class H felony, punishable by six years in prison and a fine of $10,000. Accordingly, protests in a range of locations could be covered, whether on land containing a pipeline or the corporate headquarters of an oil company. Any damage to property of such a company, with the intent to "cause substantial interruption or impairment of any service or good" provided by the company, would likewise be a Class H felony under the bill. (See full text of bill here)

Status: enacted

Introduced 12 Sep 2019; Approved by Assembly 11 October 2019; Approved by Senate 5 November 2019; Signed by Governor Evers on 21 November 2019

Issue(s): infrastructure, trespass

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For more information about the Tracker, contact Elly Page at EPage@icnl.org.