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Lee-Lee

(6,324 posts)
8. I looked up the federal rioting law
Wed Nov 22, 2017, 07:47 AM
Nov 2017


riot
(a)As used in this chapter, the term “riot” means a public disturbance involving (1) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or (2) a threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual. (b)As used in this chapter, the term “to incite a riot”, or “to organize, promote, encourage, participate in, or carry on a riot”, includes, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts.

18 U.S. Code § 2101 - Riots
US Code
Notes
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(a) Whoever travels in interstate or foreign commerce or uses any facility of interstate or foreign commerce, including, but not limited to, the mail, telegraph, telephone, radio, or television, with intent—
(1) to incite a riot; or
(2) to organize, promote, encourage, participate in, or carry on a riot; or
(3) to commit any act of violence in furtherance of a riot; or
(4) to aid or abet any person in inciting or participating in or carrying on a riot or committing any act of violence in furtherance of a riot;
and who either during the course of any such travel or use or thereafter performs or attempts to perform any other overt act for any purpose specified in subparagraph (A), (B), (C), or (D) of this paragraph— [1]
Shall be fined under this title, or imprisoned not more than five years, or both.
(b) In any prosecution under this section, proof that a defendant engaged or attempted to engage in one or more of the overt acts described in subparagraph (A), (B), (C), or (D) of paragraph (1) of subsection (a) [2] and (1) has traveled in interstate or foreign commerce, or (2) has use of or used any facility of interstate or foreign commerce, including but not limited to, mail, telegraph, telephone, radio, or television, to communicate with or broadcast to any person or group of persons prior to such overt acts, such travel or use shall be admissible proof to establish that such defendant traveled in or used such facility of interstate or foreign commerce.
(c) A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts.
(d) Whenever, in the opinion of the Attorney General or of the appropriate officer of the Department of Justice charged by law or under the instructions of the Attorney General with authority to act, any person shall have violated this chapter, the Department shall proceed as speedily as possible with a prosecution of such person hereunder and with any appeal which may lie from any decision adverse to the Government resulting from such prosecution.
(e) Nothing contained in this section shall be construed to make it unlawful for any person to travel in, or use any facility of, interstate or foreign commerce for the purpose of pursuing the legitimate objectives of organized labor, through orderly and lawful means.
(f) Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section; nor shall anything in this section be construed as depriving State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are violations of State and local law.


Yeah, I’m gonna say they are screwed because it looks like they can be prosecuted along those lines if people they organized with and/or collaborated with acted in a way that caused any violence or intentional property damage.

I see why you don’t usually see this prosecuted this way, any actions or prosecution for the same actions on a state or local level precludes federal authorities from charging under this statute. But in DC that’s a different ballgame than in any of the states.

I had no idea the federal riot laws were so strict.

Recommendations

0 members have recommended this reply (displayed in chronological order):

THis is not going to happen malaise Nov 2017 #1
Rights don't exist by declaration. The legal war of attrition on the Constitution is beginning. ancianita Nov 2017 #10
Actually, Both The Constitution And The Declaration. . . ProfessorGAC Nov 2017 #11
Like women's 1st Amendment rights to privacy under Roe v. Wade simply exist. Now under ancianita Nov 2017 #12
Tedious Reading ProfessorGAC Nov 2017 #13
You really don't want to understand what I said, either. At least I quoted you and linked supports. ancianita Nov 2017 #16
Fighting The Battle With An Ally ProfessorGAC Nov 2017 #17
No. You. I don't fight. I defend my points, and you "correct," "clarify" without addressing ancianita Nov 2017 #18
Redux ProfessorGAC Nov 2017 #19
WTF??!!???!!!!!! secondwind Nov 2017 #2
Sounds like some banana republic country. Nt raccoon Nov 2017 #3
If they get away with this mountain grammy Nov 2017 #4
KGOP republicans* immediately wrapped their greazey hands around America's throat Achilleaze Nov 2017 #5
Republican Wonderland, eliminate the 1st amendment and enshrine the 2nd. Amimnoch Nov 2017 #6
In dictatorships dissent is always a crime. Prosecutors become henchmen, not counsel. ancianita Nov 2017 #7
I looked up the federal rioting law Lee-Lee Nov 2017 #8
Can those 200 people have all had *intent* to damage property? moriah Nov 2017 #14
all hail to putin. we need to get this bastard out of our white house. spanone Nov 2017 #9
what has happened to our country? ....trump. spanone Nov 2017 #15
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