AB 168: New felony penalties for unlawful protests and protests that block traffic, as well as penalties for protest funders and organizers

Would impose Class E felony penalties for participating in an "assembly to disturb the public peace," an "unlawful assembly," a "rout," or a "riot," if committed by a group of seven or more people. Under current Nevada law, all four offenses are misdemeanors if committed by two or more people. An "unlawful assembly," for instance, is defined as two or more people who meet to do an unlawful act, but disperse without doing it. Under the bill, a group of seven who do so are guilty of a Class E felony, punishable by at least one and up to 4 years in prison. The bill would also increase the penalty for obstructing any road, street, or alley, from a misdemeanor to a Class E felony, if it occurs during an "assembly to disturb the public peace," an "unlawful assembly," a "rout" or a "riot." Under the bill, a driver who injures or kills someone who was unlawfully obstructing a road, street or alley during an "assembly to disturb the public peace," an "unlawful assembly," a "rout" or a "riot," would not be civilly liable if they were exercising "due care." Under the bill, it would also be a Class E felony instead of a gross misdemeanor to vandalize, place graffiti on or otherwise deface property if committed during a "riot." The bill creates a new Class E felony offense for knowingly or intentionally providing "material support" with the intent that the support will be used in or for an "assembly to disturb the public peace," an "unlawful assembly," or a "rout" or "riot." "Material support" is broadly defined to include “any financial, logistical, informational or other support or assistance," such that someone who gives directions to someone in a 3-person "unlawful assembly" could face felony charges.The bill would also expand Nevada's racketeering law, to cover racketeering activity in furtherance of an "assembly to disturb the public peace," an "unlawful assembly," a "rout" or a "riot," resulting in potential new penalties for protest organizers. (See full text of bill here)

Status: defeated / expired

Introduced 23 Feb 2021.

Issue(s): Protest Supporters or Funders, Driver Immunity, Riot, Traffic Interference