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: Oct. 2, 2024 (New Jersey), Aug. 22, 2024 (Mississippi, US Federal), Aug. 1, 2024 (US Federal)
21 entries matching in provided filters in 12 states. Clear all filters
Alabama
SB 17 / HB 21: New Penalties for Protests Near Gas and Oil Pipelines
Expands the definition of "critical infrastructure" under Alabama law to include pipelines and mining operations. Individuals are prohibited from unauthorized entry onto critical infrastructure, defined as intentionally entering a posted area of critical infrastructure; the offense is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $6,000. The law also expands the definition of "person" to include nonprofits, creating the possibility that nonprofits who provide support or organizing for environmental protests near critical infrastructure where individuals then trespass could face organizational liability. Under the law, if a person interrupts or interferes with the operations of critical infrastructure, they would additionally be guilty of a Class C felony, punishable by at least one and up to ten years in prison. The draft law was pre-filed for the 2022 legislative session in September 2021. It is nearly identical to HB 516 introduced in 2021. (See full text of bill here)
Status: enacted
Introduced 11 Jan 2022; Approved by Senate 1 February 2022; Approved by House 10 February 2022; Signed by Governor Ivey 15 February 2022
Issue(s): Protest Supporters or Funders, Infrastructure, Trespass
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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."
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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): 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.
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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): 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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Florida
HB 275 / SB 340: New penalties for protests near gas and oil pipelines
Creates a new felony offense for trespassing that could cover some protests near pipelines and other infrastructure that do not involve actual property damage. The law broadly defines “critical infrastructure” to include above or belowground pipelines, as well as a range of other gas, electricity, water, mining, and telecommunications facilities. Under the law, entering onto critical infrastructure property with notice that such entrace was prohibited is a 3rd degree felony offense. As such, protesters who cause no damage but merely enter onto posted property that contains a pipeline in the course of their protest could face felony charges and up to 5 years in prison if convicted. By contrast, trespassing onto private property is generally a 2nd degree misdemeanor, punishable by at most 60 days in jail. The House bill as originally also created an overbroad “improper tampering” felony offense, which would have included any unauthorized action to “change…the physical condition of the property or any portion thereof,” or to “knowingly and intentionally… deface” critical infrastructure property, but these provisions were removed by amendment.
(
See full text of bill here)
Status: enacted
Introduced 25 Oct 2023; Approved by House 22 February 2024; Approved by Senate 28 February 2024; Signed by Governor DeSantis 17 May 2024
Issue(s): Infrastructure, Trespass
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Florida
HB 1435/SB 1954: Charging protest organizers for the costs of responding to a protest
Would allow local authorities to require protest organizers to pay for "all relevant costs and fees associated with designating and enforcing" the zone established for a "special event," "including, but not limited to, costs and fees for the provision of supplemental law enforcement and sanitation services." While the bill's sponsors indicate that it was motivated by large, disruptive "pop-up" gatherings of cars like the "Daytona Truck Meet," it is written broadly enough to cover street protests and demonstrations. The bill defines a "special event" as an "unpermitted temporary activity or event organized or promoted via a social media platform" which is attended by 50 or more persons and substantially increases or disrupts the normal flow of traffic on a roadway, street, or highway." The bill also authorizes law enforcement to "enforce occupancy limits" in "special event zones"; which if applied to protests could allow police could limit the number of protest participants in a certain area. (See full text of bill here)
Status: enacted
Introduced 10 Jan 2022; Approved by House 2 March 2022; Approved by Senate 4 March 2022; Approved by Governor DeSantis 26 May 2022
Issue(s): Security Costs
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Florida
HB 1/SB 484: Expanded definition of "riot" and new penalties for protesters
**Note: Provisions of HB1 related to the law's new definition of "riot" were preliminarily enjoined by a federal district judge on September 9, 2021, temporarily blocking enforcement of those provisions.**
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 may encourage violence against protesters by creating a new affirmative defense in civil lawsuits for personal injury, death, or property damage, such that a defendant can 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 "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 may 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): Protest Supporters or Funders, Driver Immunity, Police Response, Riot, Traffic Interference, State Liability, Stand Your Ground
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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
Introduces felony penalties for the offense of "riot," previously an aggravated misdemeanor, such that the offense is punishable by up to 5 years in prison and $7,500. Preexisting 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 law also converts "unlawful assembly" from a simple to an aggravated misdemeanor. Preexisting 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 law, 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 law, 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 law 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 law 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 law 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): Civil Liability, Protest Supporters or Funders, 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): Civil Liability, Protest Supporters or Funders, Infrastructure, Trespass
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Louisiana
HB 383: Civil immunity for drivers who hit protesters
Limits the civil liability of drivers who injure or kill protesters who were unlawfully in the street. The law provides that if a driver hits someone who was illegally “blocking a roadway,” the driver cannot be sued for any injury, death, or damage if he “reasonably believe[d]” that he was in immediate danger of injury and was trying to “retreat or escape.” The sponsor cited a rise in protests across the country as motivation for the bill.
(
See full text of bill here)
Status: enacted
Introduced 29 Feb 2024; Approved by House 8 April 2024; Approved by Senate 20 May 2024; Signed by Governor Landry 11 June 2024
Issue(s): Driver Immunity, Traffic Interference
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Louisiana
HB 205: New racketeering penalties for protesters
Adds nonviolent protest-related offenses to the underlying crimes that can be prosecuted under Louisiana’s racketeering law, which carries steep penalties. Offenses that are now covered by the racketeering law include “simple obstruction of a highway of commerce,” “riot,” “inciting to riot,” "institutional vandalism," and “aiding and abetting others to enter or remain on premises where forbidden.” As such, individuals in a protest that merely makes movement on a highway “more difficult” (a minor misdemeanor offense) could be charged with a violation of Louisiana’s racketeering law if they did so more than once and as part of an enterprise with others. Louisiana law defines “riot” broadly, requiring no actual violence or damage but three or more people engaged in a “public disturbance” that creates a “danger of injury or damage” by an “imminent threat of tumultuous and violent conduct,” so individuals who participate in tumultuous protests could likewise be charged with racketeering. The law also adds “criminal damage to a critical infrastructure” to the racketeering law, such that certain civil disobedience actions near pipelines and other infrastructure, including sites under construction, could be covered as well. Racketeering violations are punishable by up to 50 years in prison with hard labor and a one million dollar fine.
(
See full text of bill here)
Status: enacted
Introduced 26 Feb 2024; Approved by House 2 April 2024; Approved by Senate 14 May 2024; Signed by Governor Landry 10 June 2024
Issue(s): Protest Supporters or Funders, Infrastructure, Riot, Trespass
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Louisiana
HB 127: Heightened penalties for street protesters and organizers
Increases existing penalties for impeding traffic and creates a new offense that could cover individuals who plan or organize protests that would impede traffic. Under prior law in Louisiana, engaging in conduct that makes movement on any road “more difficult” was a misdemeanor, punishable by six months in jail and $200. The law adds an offense of “conspiracy” or “aiding and abetting” of others to engage in such conduct. As written, the new offense does not require that that the protest or other act actually take place or that it actually impede traffic. The law also increases the fine for both offenses to $750.
(
See full text of bill here)
Status: enacted
Introduced 22 Feb 2024; Approved by House 15 April 2024; Approved by Senate 16 May 2024; Signed by Governor Landry 10 June 2024
Issue(s): Protest Supporters or Funders, Traffic Interference
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Mississippi
SB 2343: Requiring state permission for protests near statehouse and other state government buildings
The law requires that organizers obtain written permission from state law enforcement before holding a protest near the Mississippi statehouse or other state government buildings. As a result, state officials will be able to approve or disallow protests at the statehouse, including rallies and demonstrations against the actions of state officials. The permit requirement broadly applies to protests near state-owned buildings or any other property that is “occupied by any [state] official” or entity. It applies to protests on the streets and sidewalks “immediately adjacent” to such locations, as well as those that can be “reasonably be expected to block, impede, or otherwise hinder” access to such locations. The process for obtaining a permit is not stated in the law, but is to be determined by rules issued by the state law enforcement agency. Organizers of protests in Jackson, Mississippi, where the statehouse and most state government buildings are located, must already obtain a municipal permit to hold most protests; the law creates an additional state permitting requirement. The law also expands the jurisdiction of state law enforcement over infractions that may occur during nonviolent protests throughout the capitol city of Jackson: The law authorizes state police to make arrests for violations not only of state law, but of Jackson city ordinances “related to disturbance of the public peace” that may occur. (See full text of bill here)
Status: enacted
Introduced 16 Jan 2023; Approved by the Senate 8 February; Approved by the House 8 March; Signed by Governor Reeves 21 April 2023.
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Montana
HB 481: New penalties for protests near gas and oil pipelines
Heightens penalties for protests near oil pipelines and other "critical infrastructure facilities," including those under construction. The law 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. The offense is a misdemeanor, punishable by 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 civilly liable for damages to property while trespassing, and 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): Civil Liability, Protest Supporters or Funders, Infrastructure, Trespass
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North Carolina
HB 40: HEIGHTENED PENALTIES FOR "RIOT" AND RELATED OFFENSES
Increases the penalty for an individual who "incites or urges another to engage in a riot," if a riot occurs and results in $1,500 of property damage or injury. In such a case, the individual is guilty of a Class E felony, punishable by more than two years in prison, even if they did not personally cause any damage or injury. Under the law, an individual convicted of "riot" or incitement offenses is also civilly liable to anyone whose property or person was damaged by the riot, in the amount of three times the actual damage in addition to court costs and attorney’s fees. Preexisting North Carolina law defines riot to include a "public disturbance" by a group of three or more people that presents an "imminent threat of disorderly and violent conduct," resulting in a "clear and present danger" of property damage or injury. Under this definition, no violence or damage need occur for participants in a gathering to be arrested for and charged with "riot." While the new law would add a limitation requiring an “overt act” in order for someone to be convicted of a riot or incitement to riot offense, that requirement could be read broadly to include peaceful chanting or marching with a crowd that is deemed to be a “riot.” Finally, the law requires that a judge, rather than another judicial official, determine the pretrial release of an individual charged with a riot offense. The judge may hold the individual for 48 hours, and may require that they stay away from places where the "riot" occurred. The text of HB 40 is nearly identical to the amended version of HB 805 that passed both the North Carolina House and Senate in 2021 before being vetoed by the Governor.
(
See full text of bill here)
Status: enacted
Introduced 1 Feb 2023; Approved by House 8 February 2023; Approved by Senate 9 March 2023; Became law without Governor Cooper's signature 21 March 2023
Issue(s): Civil Liability, Riot
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North Carolina
SB 58: New penalties for protests near pipelines
Introduces new potential criminal penalties and civil liability for peaceful protests near existing and planned pipelines and other energy infrastructure. The enacted version of the law makes it a 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 law defines “energy facility” to include any facility involved in the transmission of “electricity, fuel, or another form or source of energy,” 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 law, such protesters, along with anyone who “aides or abets, solicits, conspires, or lends material support” to their act of impeding construction could also be sued in civil court by someone whose property was damaged, for an amount equivalent to three times the actual damage as well as court costs and attorneys' fees.
(
See full text of bill here)
Status: enacted
Introduced 1 Feb 2023; Approved by Senate 14 March 2023; Approved by House 14 June 2023; Signed by Governor Cooper 19 June 2023
Issue(s): Civil Liability, Protest Supporters or Funders, 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
**Note: Portions of HB1674 were preliminarily enjoined by a federal district judge on October 27, 2021, temporarily blocking enforcement of the law's 1) penalties for protesters who obstruct traffic, and 2) penalties for organizations that "conspire" with someone who is convicted of certain protest-related offenses.** 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--may 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): Protest Supporters or Funders, Driver Immunity, Riot, Traffic Interference
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Oklahoma
HB 2095: Racketeering penalties for those involved in "unlawful assemblies"
Adds "unlawful assemblies" to the offenses that can be prosecuted as "racketeering activity" under Oklahoma's RICO statute. As a result, an organization or individual found to have "attempted" or "conspired" with individuals to engage in or encourage a protest that is deemed an "unlawful assembly" can be prosecuted under RICO and subject to felony penalties. Oklahoma law broadly defines "unlawful assembly" to include a group of three or more people who gather without lawful authority in a manner "as is adapted to disturb the public peace." (See full text of bill here)
Status: enacted
Introduced 1 Feb 2021; Approved by House 8 March 2021; Approved by Senate 21 April 2021; Signed by Governor Stitt 28 April 2021
Issue(s): Protest Supporters or Funders
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Tennessee
SB 2570 / HB 2031: Heightened penalties for protesters who block streets and highways
Significantly increases the penalty for knowingly or recklessly obstructing a street, highway, “or other place used for the passage of vehicles or conveyances.” Instead of a Class A misdemeanor, as provided by prior law, the offense is now a Class D felony punishable by at least 2 and up to 12 years in prison and a $5,000 fine. As written, the law's felony offense can cover protesters who block a street or make passage "unreasonably inconvenient" even if there are no cars on it. The felony offense can also seemingly apply to protesters who block a driveway or alley, even temporarily. The law also creates a new civil cause of action, such that anyone who knowingly or recklessly blocks a street can additionally be sued for civil damages.
(
See full text of bill here)
Status: enacted
Introduced 23 Jan 2024; Approved by Senate 23 April 2024; Approved by House 23 April 2024; Signed by Governor Lee 9 May 2024
Issue(s): Civil Liability, Traffic Interference
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Tennessee
SB 451 / HB 881: Mandatory penalties for expanded aggravated riot offense
Expands the definition of "aggravated riot" and creates new mandatory minimum penalties for that offense. To be convicted of "riot" under 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 preexisting law, a person could be held liable for aggravated riot if they participated in a riot where someone was injured or substantial property damage occurred, even if the person did not commit any violence nor intended violence to occur. Under the law, a person may also be guilty of aggravated riot if they participated 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 law also 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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West Virginia
HB 5091: Heightened penalties for protesters near pipelines and other infrastructure
Increases the penalties and broaden offenses that could cover nonviolent protesters near pipelines and other infrastructure. The law amends West Virginia’s 2020 critical infrastructure law to remove the limitation that the law’s offenses could only occur on critical infrastructure property “if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that.. indicate that entry is forbidden.” As a result, many more infrastructure sites are covered by the 2020 law’s trespass and tampering offenses, which carry significant penalties. The law also makes convictions for second and subsequent offenses of either the trespassing or tampering offenses a felony punishable by at least 2 and up to 10 years in prison and a fine of $10,000-$15,000. The law increases the fine for a person who “vandalizes, defaces, or tampers with” equipment in a critical infrastructure facility that causes damage of more than $2,500, from $1,000-$5,000 to $3,000-$10,000. (As introduced, the bill made second convictions punishable by a minimum of 5 years and a fine of $100,000-$250,000, and increased the fine for tampering or vandalizing from $1,000-$5,000 to $25,000-$100,000.)
(
See full text of bill here)
Status: enacted
Introduced 25 Jan 2024; Approved by House 6 February 2024; Approved by Senate 4 March 2024; Signed by Governor Justice 26 March 2024
Issue(s): Infrastructure, Trespass
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