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. For more information and an analysis of this data, click here.

45 states have
considered
230 bills
36 enacted 50 pending

No initiatives
Pending, defeated or expired initiatives
Enacted initiatives

Legislation and executive orders

Latest updates: Sep. 3, 2021 (North Carolina), Sep. 1, 2021 (North Carolina), Aug. 13, 2021 (Florida)
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22 entries matching in provided filters in 14 states and 1 federal.
US Federal

HR 289: Stripping Pandemic Aid from Individuals Convicted of "Protest-Related" Federal Crimes

Would withdraw COVID-19 unemployment benefits from and impose new costs on anyone convicted of a federal offense “related to the individual's conduct at and during a protest.” Such a person would be ineligible for federal unemployment aid under the CARES Act (15 U.S.C. 9023) “or any other Federal supplemental unemployment compensation during the COVID-19 public health emergency.” If federal agents were involved in policing the protest at issue, the person who was convicted of a related federal offense would also have to pay the cost of the agents’ policing activity, ”as determined by the court.” Federal offenses include both violations of federal law, and violations of state law that occur on federal property. As such, the bill’s withdrawal of benefits and imposition of new costs could apply to, e.g., a peaceful protester convicted of misdemeanor trespass for refusing to leave a demonstration on the steps of a federal courthouse or a sit-in at a congressional office. This bill is nearly identical to HB 8117 introduced in 2020. (See full text of bill here)

Status: pending

Introduced 13 Jan 2021.

Issue(s): Security Costs, Limit on Public Benefits

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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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Alabama

HB 2 / SB 3: EXPANDED DEFINITION OF "RIOT," "INCITEMENT TO RIOT," AND NEW PENALTIES FOR PROTESTERS WHO BLOCK TRAFFIC

Would redefine "riot" under Alabama law as an “assemblage of five or more” people which results in “conduct which creates an immediate danger of damage to property or injury to persons.” This definition is broad enough to cover many peaceful protests, as well as other gatherings, where law enforcement merely perceives a danger of property damage. Current Alabama law, by contrast, requires that a person individually engage in "violent conduct" as part of a group in order to have committed "riot." It is a Class A misdemeanor, punishable by one year in jail and a $6,000 fine, to intentionally participate in a riot after receiving an order to disperse by law enforcement or when in violation of curfew. The bill provides that if any injuries or property damage exceeding $2500 occur, then anyone participating in the group is guilty of "aggravated riot," a new Class C felony, punishable by up to 10 years in prison, even if that individual participant did not contribute to the injury or property damage. The bill expands the current definition of "incitement to riot" under Alabama law to include a person who "solicits, incites, funds, urges” or "otherwise aids or abets" another person to engage in a "riot." Given the bill's broad definition of "riot," the redefined definition of "incitement" could cover people only tangentially associated with a protest, such as individuals who hand out bottles of water to protesters. The bill requires anyone charged with "riot,” “inciting a riot,” or "aggravated riot" to be held without bail for up to 24 hours pending a hearing; it also adds mandatory minimum prison sentences for "riot," "aggravated riot," and "incitement to riot," and requires that anyone convicted pay restitution for any property damage incurred by the "riot" as well as “any and all other losses suffered by any victim.” The bill creates a new offense of unlawful traffic interference for anyone who intentionally or recklessly impedes traffic by walking, sitting, standing, kneeling, lying, or placing an object to impede the passage of a vehicle on a public or interstate highway. The first offense is a Class A misdemeanor and a second offence (or if property is damaged or someone is injured) is a Class C felony, punishable by up to 5 years in jail. Finally, the bill requires that any locality that defunds a law enforcement agency is no longer eligible for any type of state funding unless they can prove fiscal or practical necessity. This pre-filed bill for the 2022 legislative session is close to identical to the version of HB 445 that passed the House in March of 2021, but did not advance further in the 2021 legislative session. (See full text of bill here)

Status: pending

Introduced 28 Jun 2021; Pre-Filed for the 2022 Legislative Session

Issue(s): Damage Costs, Riot, Traffic Interference

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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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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, Driver Immunity, Police Response, Riot, Traffic Interference, State Liability, Stand Your Ground

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Georgia

HB 289: Restrictive permitting requirements, and heightened penalties for "unlawful assembly," blocking traffic, and defacing property

Would prohibits assemblies on public property that have not received a permit, seemingly banning all spontaneous, First Amendment-protected assemblies. Local permitting processes for assemblies on public property would require applicants to provide contact information for "individuals responsible for managing and maintaining order during the event" as well as an "emergency plan" addressing the "security resources" the organizer has devoted to the event. The bill expands the definition of "unlawful assembly" to include "two or more persons who harass or intimidate another person within any public accommodation." "Harass or intimidate" is not defined, meaning a boisterous protest in a public park or a university could potentially be deemed an "unlawful assembly." The bill would also bar anyone convicted of unlawful assembly from receiving state or local employment benefits. The bill increases the penalty for purposefully or recklessly obstructing any street or highway to a felony, punishable by at least one and up to five years in prison, and a fine of at least $1,000 and not more than $5,000, if the person convicted is part of an "unlawful assembly" and refuses an order of a police officer to remove an obstruction. The bill creates a new offense of "defacing, defiling, or abusing contemptuously" a state-owned or maintained monument or other structure during an "unlawful assembly", which is punishable by a penalty of at least 1 year and up to 15 years in prison, or a fine of $1,000 to $10,000. As such, a protester who chalked a sidewalk near a monument during an assembly that was deemed to be "unlawful" could face up to 15 years in jail. Further, the bill expands the state's "racketeering" provision to include soliciting someone to commit "unlawful assembly" or "riot," which is a felony punishable by 5 to 20 years in prison. Finally, the bill makes the governing authorities of a county or municipality civilly liable if they intentionally interfere with the ability of a law enforcement agency to provide reasonable law enforcement protection during an "unlawful assembly" or "riot." These provisions make it more likely that cities will aggressively police constitutionally-protected protests out of fear of costly liability if they are later deemed to be an "unlawful assembly". ***Note: HB 289 was originally a bill about drivers license requirements. Following HB 289's passage by the House, the Senate substituted anti-protest provisions that were originally proposed as SB 171.*** (See full text of bill here)

Status: pending

Introduced 3 Feb 2021; Approved by House 26 February 2021

Issue(s): Security Costs, Riot, State Liability, Limit on Public Benefits

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Indiana

HB 1205: Expanded definition of "riot" and host of new criminal penalties for protesters

Would broaden the definition of "riot" and raise the penalty for riot in certain circumstances. Indiana law defines "rioting" as engaging in "tumultuous conduct" while a member of an "unlawful assembly." The bill expands the definition of "unlawful assembly," to require only 3 people engaged in "tumultuous conduct." The bill also amends the definition of "tumultuous conduct" to include conduct that results or is likely to result in the "obstruction of law enforcement or other governmental function." As a result of these changes, someone in a 3-person, peaceful protest whose conduct is deemed "likely" to interfere with a government hearing, for instance, could be covered by the resulting "riot" statute. The bill also heightens the penalty for "riot" from a Class A misdemeanor to a Level 6 felony, punishable by up to 2.5 years in prison and a $10,000 fine, if committed by a person wearing a mask (such as a medical mask) or other face covering. The bill requires a mandatory 30-day sentence and restitution as penalties for all riot offenses. The bill heightens the penalty for "disorderly conduct," a broadly defined offense that includes making "unreasonable noise," if committed by a person in the same area as a "lawful or unlawful demonstration, protest, or assembly." The offense would be a Class A misdemeanor, punishable by up to one year in jail. The bill would heighten the penalty for a person who damages or "defaces" property, as well, from a Class B misdemeanor to a Level 6 felony if committed by someone in the same "area" as a demonstration or protest. "Defaces" is not defined, and could include chalk and other temporary markings applied in the course of a protest. The bill also bars 24-hour protests on the grounds outside the state capitol, by making it a class A misdemeanor to"camp" in a number of places around the capitol building after being informed that camping is not allowed, either by signage or in person. "Camping" is defined as conduct between 10pm and 7am that includes laying down a blanket or using a piece of furniture. The bill would allow the state to seize any property that was used "to finance or facilitate the financing of a crime committed by a person while in an area where a lawful or unlawful demonstration, protest, or assembly was taking place." Finally, the bill would newly allow tort claims against government entities and officials for the failure to enforce the law "in connection with an unlawful assembly," if the failure constitutes "gross negligence"; provisions that, if enacted, could encourage municipal and other local governments to adopt overly aggressive law enforcement responses to protests in order to avoid lawsuits. (See full text of bill here)

Status: pending

Introduced 14 Jan 2021.

Issue(s): Damage Costs, Riot, Camping, State Liability

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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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Iowa

SSB 1140: Heightened penalties for "riot," "unlawful assembly," protests that block traffic, and defacing monuments

Would elevate "riot" from an aggravated misdemeanor to a Class D felony, punishable by up to 5 years in prison and a $7,500 fine. 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 misdemeanor to an aggravated misdemeanor, punishable by up to two years in jail and a $6,250 fine. 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. The bill also creates a new felony offense for intentionally defacing or altering public property, "including a monument or statue." The offense is a Class D felony. The bill provides that a sentence for the offense must include restitution for any damage to the property. (See full text of bill here)

Status: pending

Introduced 2 Feb 2021.

Issue(s): Damage Costs, 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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Minnesota

HB 1558: New penalties for protests near oil and gas pipelines

Would create joint and several liability for any person or entity that knowingly aids, advises, counsels, or conspires with a person who trespasses on critical infrastructure property. The bill would also create strict liability for any damages caused by a person who trespasses on critical infrastructure property. The bill would also create a felony offense, punishable by up to 3 years and a fine of $5,000, for a person that trespasses on critical infrastructure with the intent to impede or inhibit its operation. (See full text of bill here)

Status: pending

Introduced 25 Feb 2021.

Issue(s): Damage Costs, Conspiracy, Infrastructure

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Minnesota

HF 254 / SF 386: New penalties for protests near gas and oil pipelines

Would create new potential penalties for protests near pipelines, utilities, and "critical public service facilities." Like HF 2441, which was introduced in the 2019-2020 session, HF 254 criminalizes trespass onto such properties, including those under construction, as a gross misdemeanor punishable by one year in jail and a $3,000 fine. Trespass "with the intent to disrupt the operation or provision of services" by the pipeline or utility, is a felony under the bill, punishable by up to 5 years in prison and a $10,000 fine. The bill also newly provides that a court may order anyone convicted of the above offenses to pay for "the costs and expenses resulting from the crime." (See full text of bill here)

Status: pending

Introduced 21 Jan 2021.

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

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Minnesota

HF 129 / SF 1378: NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES

Would create new civil and criminal liability for protesters on infrastructure property as well as for any organization or entity that supports them. Like HF 3668, introduced in the 2019-2020 session, HF 129 would make someone who is convicted of or merely arrested for trespassing on property containing a critical public service facility, utility, or pipeline, civilly liable for any property damage arising out of the trespass. Under the bill, a person "or entity" that "recruits, trains, aids, advises, hires, counsels, or conspires with" someone who is convicted of or arrested for trespassing is also civilly liable for damages. The bill creates criminal liability for anyone who "intentionally recruits, trains, aids, advises, hires, counsels, or conspires with" someone to trespass, as well: If the person or entity fails to make a "reasonable effort" to prevent the trespass, and the offense is committed, they are guilty of a gross misdemeanor, punishable by up to one year in jail and a $3,000 fine. The broad language used in the vicarious liability provisions could be construed to include aiding a protester by providing them with water or medical assistance. (See full text of bill here)

Status: pending

Introduced 14 Jan 2021.

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

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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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Ohio

HB 109: Heightened penalties for blocking traffic and other conduct during protests, and new liability for organizations involved in protests

Would heighten potential penalties for protesters who block traffic, by providing that engaging in "disorderly conduct" by blocking a public street or highway is a 3rd degree felony (instead of a minor misdemeanor) if it occurs during a "riot", or during a protest that was not granted a permit or one for which the scope of the permit was exceeded. Existing law defines "disorderly conduct" broadly, as "recklessly caus[ing] inconvenience, annoyance, or alarm," through means including "making unreasonable noise" or "hindering" movement of people on streets. "Riot" is also broadly defined under existing law as participating with four or more people in "disorderly conduct" with an unlawful purpose – to commit a misdemeanor, impede a government function, or interfere with lawful activities at an educational institution. The bill creates a new offense of "harassment in a place of public accommodation," defined as recklessly "harassing" or "intimidating" another at a place of public accommodation while engaged in a "riot". The offense is a 1st degree misdemeanor, punishable by up to six months in jail and a $1,000 fine. The bill creates a new offense for "riot vandalism," for "recklessly" causing physical harm to property that is owned or leased by a government entity, or that is a monument, tomb, or "similar structure." The new offense is a 5th degree felony, punishable by up to one year in prison and a $2,500 fine. The bill also provides that someone who causes any property damage or injury while committing "riot" is guilty of a 4th degree felony (instead of a 1st degree misdemeanor), punishable by a year and a half in prison and a $5,000 fine. The bill would introduce new potential felony penalties and civil liability for individuals and organizations involved in funding or organizing protests that are deemed "riots". Under the bill, an organization whose associates engage in, attempt, or conspire to engage in providing "material support" to another to "plan, prepare, carry out, or aid" a "riot," or to "organize[] persons" to engage in a "riot," would be committing "corrupt activity," which could trigger 2nd degree felony charges, punishable by up to eight years in prison and a $15,000 fine. The organization could also be liable for property damage that resulted and the cost of law enforcement involved in investigating and prosecuting the offense. These provisions could affect organizations that are even tangentially involved in protest activity. Finally, the bill would allow police to sue individuals for injury or property loss resulting from the individual's role in an "unlawful assembly" or "riot". Organizations that provide "material support" to the individuals would also be civilly liable, for treble damages. (See full text of bill here)

Status: pending

Introduced 16 Feb 2021.

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

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Ohio

SB 41: Charging protesters for the cost of property damage and the cost of law enforcement to respond to a protest

Would require that anyone convicted of "riot" or "aggravated riot" pay restitution for any property damage in addition to other penalties imposed. Additionally, the bill would allow law enforcement and other public agencies to seek reimbursement from a protester for all costs the agency incurred in responding to a "potential serious threat to public safety"defined to include a "validated report" report that two or more people are committing vandalism, "criminal mischief," or "aggravated riot." The agency could seek court-ordered reimbursement from anyone convicted of committing any misdemeanor or felony offense "in connection with" a "potential serious threat to public safety." In other words, the bill would allow a police department to seek compensation from a protester who was convicted of a simple misdemeanor, for the time spent by officers in responding to a report of "aggravated riot," even if no "aggravated riot" occurred. The bill would also create a new felony offense for vandalism on government property. Under the bill, intentionally "defacing, painting" or otherwise "marking upon" property owned, leased, or controlled by the government, even if only in a temporary manner, is a fifth degree felony, punishable by up to one year in prison and a $2,500 fine. Finally, the bill makes planning or "aiding in planning" vandalism of government property a new conspiracy offense" a first degree misdemeanor punishable by six months in jail and $1,000 in fines. (See full text of bill here)

Status: pending

Introduced 2 Feb 2021.

Issue(s): Damage Costs, Conspiracy, Security Costs, Riot

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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

SB 806: New penalties for protests that block traffic and organizations that support unlawful protests

Would newly add "riot" and "unlawful assembly" to the underlying crimes that can be prosecuted for "racketeering activity" under Oklahom's RICO statute. "Racketeering" includes attempt, conspiracy, and solicitation. As such, under the bill, an organization or individual found to have "conspired" with others to engage in a protest that is deemed a "riot" or "unlawful assembly" could be prosecuted under RICO. Violations under the RICO statute are a felony, punishable by at least 10 years in prison and a steep fine. This provision would likely discourage non-profit organizations among others from engaging with or supporting protest organizers or participants, out of concern that they could be caught up in a RICO prosecution. The bill would also make it a misdemeanor to "block" or "restrict" traffic on any public highway or street "as a result of a riot" or "unlawful assembly." The offense would be punishable by up to one year in jail, a $500 fine, at least 40 hours of community service, and restitution for any property damage. The bill would also require that anyone convicted of participation in a "riot," "rout," or "unlawful assembly" pay restitution for any property damage resulting from the offense, and perform at least 40 hours of community service. The new penalties would apply to individuals who remained at the scene after being lawfully warned to disperse, and those who continued to participate when a lawful assembly became a "riot." "Riot" is broadly defined under Oklahoma law, to include a group of three or more people who make "any threat to use force;" "unlawful assembly" is likewise broadly defined, and includes a group of three or more who gather without lawful authority in a manner "as is adapted to disturb the public peace." (See full text of bill here)

Status: pending

Introduced 21 Jan 2021; Approved by Senate 8 March 2021

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

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Oklahoma

SB 15: Mandatory restitution for property damage during unlawful assembly or riot

Would require courts to order individuals convicted of participation in a riot, incitement to riot, or participation in an unlawful assembly to pay restitution for any property damage or loss caused by the offense. Under the bill's provisions, individuals could be ordered to pay for damage that they did not personally cause, if a gathering they were part of was declared unlawful or a riot. Oklahoma law also broadly defines "riot" and "unlawful assembly," for instance giving broad discretion to authorities to label as an "unlawful assembly" a group of four or more people who gather without a permit "in such a manner as is adapted to disturb the public peace." (See full text of bill here)

Status: pending

Introduced 17 Nov 2020.

Issue(s): Damage Costs, Riot

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South Carolina

HB 3491: New penalties for protesters, and a shield for those who commit violence against them

Would create new penalties for offenses that could encompass conduct by peaceful protesters. The bill newly criminalizes the blocking of a street, sidewalk, or "any other place used for the passage of persons, vehicles or conveyances." Accordingly, protesters who obstruct or make it "unreasonably inconvenient" to use a street or sidewalk could face up to three years in jail. The bill also targets protest encampments on the grounds outside government buildings, by broadly defining "camping," and prohibiting camping on state property that is not designated for camping. As such, protesters who use any "piece of furniture" or erect tarps or other shelters on state property could be charged with a felony, if they continue to do so 24 hours after receiving a warning. The bill amends South Carolina's law on "rioting" to require that anyone convicted of rioting - including "by being personally present [at], or by instigating, promoting, or aiding" a riot - be ordered to pay restitution "for any property damage or loss incurred as a result." Protesters could thus be liable for property damage that they did not cause, but were "present" for. Finally, the bill would create new criminal and civil immunity for a person who uses deadly force or points a firearm when "confronted by a mob," where "mob" is broadly defined. The provision may encourage the use of force and the incidence of violent confrontations in the context of protests. (See full text of bill here)

Status: pending

Introduced 16 Dec 2020.

Issue(s): Damage Costs, Conspiracy, Riot, Traffic Interference, Camping

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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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Texas

SB 912 / HB 3652: New restitution penalty for those convicted of "riot"

Would require a person convicted of participation in a "riot" to pay restitution for "any damage to or loss" of property by reimbursing the property owner. The bill does not limit the restitution to damage directly caused by the defendant. As a result, a peaceful protester could be forced to pay to replace or restore property that was damaged by someone else in a large protest that authorities deemed a "riot." Current Texas law broadly defines a "riot" as a gathering of at least seven people "resulting in conduct" that either creates a danger of property damage or injury, "substantially obstructs" a government function or services, or deprives or disturbs someone in their enjoyment of a legal right. (See full text of bill here)

Status: pending

Introduced 2 Mar 2021; Approved by Senate 27 April 2021

Issue(s): Damage Costs, Riot

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