The US Protest Law Tracker follows state and federal legislation introduced since January 2017 that restricts the right to peaceful assembly. For more information, visit our Analysis of US Anti-Protest Bills page.
Latest updates: Mar. 22, 2023 (North Carolina), Mar. 15, 2023 (North Carolina, Oregon), Mar. 7, 2023 (Idaho)
9 entries matching in provided filters in 7 states. Clear all filters
Idaho
HB 167: NEW PENALTIES FOR PROTESTS NEAR PIPELINES, ROADWAYS, AND OTHER INFRASTRUCTURE
Would create new potential criminal liability for protesters who demonstrate near existing or planned oil and gas pipelines or other energy infrastructure, as well as bridges, highways, or other transportation infrastructure, by creating a new offense of “critical infrastructure trespass.” The offense requires that someone “knowingly and willfully enters or remains in a critical infrastructure facility or construction site of a critical infrastructure facility without permission of the owner of the property or after notice is given to depart or not to trespass.” As written, this would seemingly include a protester who is willfully and intentionally on a road or pipeline construction site even if they didn't know that they were actually trespassing and no notice was provided. The first offense is a misdemeanor (up to 6 months in jail and $1,000), but the second offense within 5 years is a felony (up to 10 years and $10,000). The bill extends potential criminal and civil liability to individuals and organizations associated with protesters who trespass onto pipeline property, as well. Under the bill, any individual or organization that “aids, abets, solicits, compensates, hires, conspires with, commands, or procures” someone to commit critical infrastructure trespass, with the intent that the person commit the offense, is subject to a fine of up to $100,000 fine and liable for a civil action by the infrastructure facility. “Critical infrastructure facility” is broadly defined as “any facility so vital to the state of Idaho… that the incapacity or destruction of such system or asset would have a debilitating impact on the state or national economic security, state or national public health or safety, or a combination of those matters,” including “but is not limited to” facilities in the energy sector as well as communications, transportation, and government facilities. (See full text of bill here)
Status: pending
Introduced 20 Feb 2023.
Issue(s): Conspiracy, Infrastructure, Traffic Interference, Trespass
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Idaho
HB 147: NEW PENALTIES FOR PROTESTS NEAR PIPELINES, ROADWAYS, AND OTHER INFRASTRUCTURE
Would create new potential criminal liability for protesters who demonstrate near existing or planned oil and gas pipelines or other energy infrastructure, as well as bridges, highways, or other transportation infrastructure, by creating a new offense of “critical infrastructure trespass.” The offense requires that someone “knowingly and willfully enters or remains in a critical infrastructure facility or construction site of a critical infrastructure facility without permission of the owner of the property or after notice is given to depart or not to trespass.” As written, this would seemingly include a protester who is willfully and intentionally on a road or pipeline construction site even if they didn't know that they were actually trespassing and no notice was provided. The first offense is a misdemeanor (up to 6 months in jail and $1,000), but the second offense within 5 years is a felony (up to 10 years and $10,000). The bill extends potential criminal and civil liability to individuals and organizations associated with protesters who trespass onto pipeline property, as well. Under the bill, any individual or organization that “aids, abets, solicits, compensates, hires, conspires with, commands, or procures” someone to commit critical infrastructure trespass, with the intent that the person commit the offense, is subject to a fine of up to $100,000 fine and liable for a civil action by the infrastructure facility. “Critical infrastructure facility” is broadly defined as “any facility so vital to the state of Idaho… that the incapacity or destruction of such system or asset would have a debilitating impact on the state or national economic security, state or national public health or safety, or a combination of those matters,” including “but is not limited to” facilities in the energy sector as well as communications, transportation, and government facilities. (See full text of bill here)
Status: pending
Introduced 14 Feb 2023.
Issue(s): Conspiracy, Infrastructure, Traffic Interference, Trespass
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Idaho
HB 148: NEW PENALTIES FOR PROTESTS NEAR PIPELINES, ROADWAYS, AND OTHER INFRASTRUCTURE
Would create new potential criminal liability for protesters who demonstrate near existing or planned oil and gas pipelines or other energy infrastructure, as well as bridges, highways, or other transportation infrastructure, by criminalizing acts that "impede" critical infrastructure facilities. The offense requires that someone knowingly and willfully “impedes the operations of a critical infrastructure facility or a construction site” of a facility without authorization. “Impede” is defined to include “prevent[ing] legal access] to” a facility or the construction of a facility. The offense is a misdemeanor (6 months and $1,000) if the damage or economic loss is less than $1,000, or a felony (10 years and the cost of the damage or economic loss) if the damage or loss is more than $1,000. As such, a protester who is willfully and intentionally blocking the road to a pipeline construction site or a bridge, they could face 10 years in prison if the resulting delays caused losses of more than $1,000. The bill extends potential criminal and civil liability to individuals and organizations associated with protesters who “impede” infrastructure, as well. Under the bill, any individual or organization that “aids, abets, solicits, compensates, hires, conspires with, commands, or procures” someone to impede critical infrastructure, with the intent that the person commit the offense, is subject to a fine of up to $100,000 fine and liable for a civil action by the infrastructure facility. “Critical infrastructure facility” is broadly defined as “any facility so vital to the state of Idaho… that the incapacity or destruction of such system or asset would have a debilitating impact on the state or national economic security, state or national public health or safety, or a combination of those matters,” including “but is not limited to” facilities in the energy sector as well as communications, transportation, and government facilities. (See full text of bill here)
Status: pending
Introduced 14 Feb 2023.
Issue(s): Damage Costs, Conspiracy, Infrastructure, Traffic Interference
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Illinois
SB 1312 / HB 2362: NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE
Would heighten the penalties for protests near oil and gas pipelines and other infrastructure that involve trespassing onto infrastructure property. Under the bill, knowingly entering or remaining on a "critical infrastructure facility" is a Class 4 felony, punishable by 1-3 years in prison and $25,000. Aggravated criminal trespass to a critical infrastructure facility--defined as trespass with "intent to damage, destroy, or tamper with equipment" in the facility--is a Class 3 felony punishable by 5-10 years and $25,000. The bill newly defines "critical infrastructure facility" under Illinois law to include gas and oil pipelines, including those under construction, and a range of pipeline-related facilities, as well as electric, water, telecommunications, and railroad facilities that are fenced off or posted. Nearly identical text was introduced as SB 3814 in the 2022 legislative session. (See full text of bill here)
Status: pending
Introduced 6 Feb 2023.
Issue(s): Infrastructure, Trespass
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Minnesota
HF 1445 / SF 1493: New penalties for protests near oil and gas pipelines
Would create vicarious liability for any person or entity that "recruits, trains, aids, advises, hires, counsels, or conspires with" a person who trespasses on critical infrastructure property for any damages committed by the trespasser. The bill would also create strict liability for any damages caused by a person who trespasses on critical infrastructure property. If a person or entity intentionally recruits, trains, aids, advises, hires, counsels, or conspires with a person to trespass they are guilty of a gross misdemeanor, punishable by a fine of up to $3,000, if they fail to make a reasonable effort to prevent the violation. (See full text of bill here)
Status: pending
Introduced 9 Feb 2023.
Issue(s): Damage Costs, Conspiracy, Infrastructure, Trespass
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North Carolina
SB 58: New penalties for protests near pipelines
Would introduce new potential criminal and civil penalties for peaceful protests near existing and planned pipelines and other energy infrastructure. The fourth, amended version of the bill would create a new Class C felony offense to knowingly and willfully “obstruct, impede, or impair” or “attempt to obstruct, impede, or impair” the services of an energy facility. (The original bill did not include this language.) The bill defines “energy facility” to include any facility involved in the transmission of “electricity, fuel, or another form of energy source,” including facilities that are under construction or otherwise not functioning. As such, a group of people protesting the construction of a fossil fuel pipeline could face more than 15 years in prison and a mandatory $250,000 fine if they impede or impair the construction of a pipeline, for instance by blocking workers’ access to the pipeline construction site. Under the bill, such protesters, along with anyone who “aides or abets, solicits, conspires, or lends material support” to their act of impeding construction could also face significant civil penalties from the fossil fuel company. (See full text of bill here)
Status: pending
Introduced 1 Feb 2023; Approved by Senate 14 March 2023
Issue(s): Damage Costs, Conspiracy, Infrastructure
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Oregon
HB 2772: Criminalizing Certain Protests as Domestic Terrorism
Would create a new crime of domestic terrorism that would include if a person intentionally attempts to cause "disruption of daily life" that "severely affects the population, infrastructure, environment, or government functioning of this state." Under this definition a protest that blocks traffic in a major commercial district could be defined as domestic terrorism. The penalty is a class B felony punishable by up to 10 years in jail and/or a fine of up to $250,000. (See full text of bill here)
Status: pending
Introduced 9 Jan 2023.
Issue(s): Infrastructure, Terrorism, Traffic Interference
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Utah
HB 370: New Penalties for Protests Near Pipelines, Roadways, and other Infrastructure
Would create new potential criminal liability for protesters who demonstrate around existing and planned oil and gas pipelines or other energy infrastructure, or on bridges, roadways, or other transportation infrastructure by criminalizing acts that "inhibit" or "impede" critical infrastructure facilities. “Critical infrastructure facility” is very broadly defined to include among many other things oil and gas pipelines, refineries, highways, bridges, transportation systems, food distribution systems, law enforcement response systems, financial systems, and telephone poles. It is defined to include both infrastructure that is under construction or operational. One is guilty of “destruction or tampering” with a critical infrastructure facility not only if a person destroys or damages the facility, but also if they "inhibit" or "impede" the facility, its equipment, or operation. It is a first degree felony, punishable by five years to life in jail, to do so intentionally and a second degree felony, punishable by one to fifteen years in jail, if done so recklessly. As such, if protesters recklessly inhibited or impeded the operation of a bridge or roadway they could be punished by one to fifteen years in jail or face life in prison if they did so intentionally. Similarly, protesters could be punished with a second-degree felony if while protesting the construction of an oil and gas pipeline they recklessly impeded or inhibited its construction and a first degree felony if they did so intentionally. (See full text of bill here)
Status: pending
Introduced 3 Feb 2023; Approved by House 14 February 2023; Approved by Senate 28 February 2023
Issue(s): Infrastructure, Traffic Interference
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West Virginia
HB 2916: Potential "terrorism" charges for nonviolent protests
Would create two new, sweeping “terrorism” offenses that could cover nonviolent protesters. One new offense, “terrorist violent mass action,” is defined to include “violent protests” and “riots” that “appear intended” to coerce or intimidate groups, governments, or societies. The bill provides that “any person or group that participates” in such an action commits “terrorism.” “Violent protest” is not defined in the bill or elsewhere in the law, nor does the bill require that a person individually commit any act of violence or property damage to be culpable. As such, someone who peacefully participates in a nonviolent but rowdy protest where a few individuals commit property damage could conceivably face felony charges for engaging in a “terrorist violent mass action.” Likewise, a nonprofit group involved in organizing or supporting such a protest could be deemed a “terrorist organization” under the bill. Individuals and organizations not directly involved in such a protest could also face felony “terrorism” charges for providing protesters with “material support”--broadly defined by the bill as “any property, tangible or intangible, or service.” The bill also creates a new “terrorism” offense for “actions… taken for political reasons to bar other persons from exercising their freedom of movement, via foot or any other conveyance.” As defined, that could cover a large, peaceful march that even temporarily stops traffic; under the bill, participants in such a march could face charges of “unlawful restraint, kidnapping, and terrorism.” Meanwhile, the bill provides complete immunity for people who “injure perpetrators or supporters of perpetrators” while attempting to “escape” such “unlawful restraint, kidnapping, and terrorism.” This provision would seem to eliminate consequences for acts of violence against protesters by people whose movement has been blocked by a protest, including drivers who hit protesters with their cars. Additionally, under the bill, any person or group that conducts “a deliberate attack” on “critical infrastructure” also commits “terrorism.” “Attack” is not defined or limited, for instance, to actions resulting in any actual damage, such that any large demonstration near infrastructure that authorities want to shut down could seemingly be deemed an “attack.” (See full text of bill here)
Status: pending
Introduced 23 Jan 2023.
Issue(s): Damage Costs, Conspiracy, Driver Immunity, Infrastructure, Security Costs, Riot, Terrorism, Traffic Interference
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