State by State Pending and recently passed #AntiProtestLaws: #Wisconsin

AB 426: New penalties for protests near gas and oil pipelines

Creates new potential penalties for protests near oil and gas #pipelines and other property of "energy providers." The law expands existing provisions related to trespass and property damage to broadly include the property of all companies in the oil and gas industry. Under the law, trespass onto the property of any "company that operates a #gas, #oil, petroleum, refined #petroleum product, renewable fuel, water, or chemical generation, storage, transportation, or delivery system" is a Class H felony, punishable by six years in prison and a fine of $10,000. Accordingly, protests in a range of locations may be covered, whether on land containing a pipeline or the corporate headquarters of an oil company. Any damage to property of such a company, with the intent to "cause substantial interruption or impairment of any service or good" provided by the company, is likewise a Class H felony under the law.

Full text of bill:
https://docs.legis.wisconsin.gov/2019/proposals/reg/asm/bill/ab426

Status: enacted

Introduced 12 Sep 2019; Approved by Assembly 11 October 2019; Approved by Senate 5 November 2019; Signed by Governor Evers on 21 November 2019

Issue(s): Infrastructure, Trespass

AB 88: BROAD NEW DEFINITION OF "RIOT" and related felony offenses and civil liability

Would broadly define "riot" under Wisconsin law and create #vague new felony offenses as well as expansive civil liability that could cover #PeacefulProtest activity. The bill defines a “riot” as a “public disturbance” involving an act of violence or the threat of violence by someone in a gathering of 3 or more people. No actual damage or injury need take place for a gathering to become a “riot,” only a “clear and present danger” of damage or injury. As such, a large street protest where a single participant threatens to push somebody could be deemed a "riot," with no actual violence or property damage being committed by anyone. The bill creates a Class I felony offense—punishable by up to 3.5 years in prison and a $10,000 fine—for anyone who intentionally incites another “to commit a ‘riot.’” The bill defines “incite” as “to urge, promote, organize, encourage, or instigate other persons.” As drafted, the incitement offense is not limited to urging actual violence against people or property, but could seemingly cover any expression of support for demonstrators in a crowd that had been deemed a “riot.” The bill also creates a Class H felony—punishable by up to 6 years in prison and $10,000—for someone who intentionally "commits an act of violence” (not defined) while part of a “riot.” Finally, the bill makes civilly liable protesters who allegedly commit a “riot” or “vandalism” offense, as well as any person or organization that provides “material support or resources” intending that they be used to engage in such conduct. Civil liability would apply regardless of whether anyone was criminally charged or convicted of “riot” or “#vandalism.” The bill’s definition of “material support” is similar to the broad federal law definition of material support for terrorism, and includes funding as well as “communications” and “training.” As such, the civil liability provisions could make individuals and groups even indirectly involved in organizing or otherwise supporting protests vulnerable to lawsuits and extensive monetary damages.

Full text of bill:
https://docs.legis.wisconsin.gov/2025/proposals/reg/asm/bill/ab88

Status: pending

Introduced 28 Feb 2025.

Issue(s): Civil Liability, #ProtestSupporters or Funders, #Riot

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #BigOilAndGas #Oiligarchy

State by State Pending and recently passed #AntiProtestLaws: #Texas

HB 3557: New criminal and civil penalties for protests around #CriticalInfrastructure

Creates new criminal sanctions and expansive civil liability for protests near pipelines and other infrastructure facilities, including those under construction. The law provides for four new criminal offenses. One, "impairing or interrupting operation of critical infrastructure facility," is defined as entering or remaining on facility property and intentionally or knowingly "impair[ing] or interrupt[ing] the operation of" the facility. The act is a state jail felony, punishable by up to two years in jail and a $10,000 fine. This provision could target peaceful protests that, e.g., hinder access to #pipelines or #pipeline construction sites. A second offense, "intent to impair or interrupt critical infrastructure," is defined as entering or remaining on facility property "with the intent to impair or interrupt the operation of the facility." The act is a Class A misdemeanor, punishable by a year in jail and a $4,000 fine. This provision could capture peaceful protests that take place near a pipeline or other infrastructure facility, regardless of whether they actually impair or interrupt the facility's operations. The law also creates two new felony offenses for "damage" and "intent to damage" critical infrastructure. Under the law, an association that is found guilty of any of the offenses around critical infrastructure is subject to a $500,000 fine. The law also creates new civil and vicarious liability for individuals and organizations related to the criminal offenses: A defendant who engages in conduct covered by any of the criminal offenses is civilly liable to the property owner, as is an organization that "knowingly compensates" a person for engaging in the conduct. The property owner may sue for and claim actual damages, court costs, and exemplary damages.

Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=HB3557

Status: enacted

Introduced 6 Mar 2019; Approved by House 7 May 2019; Approved by Senate 20 May 2019; Signed by Governor Abbott 14 June 2019

Issue(s): Civil Liability, #ProtestSupporters or Funders, Infrastructure

SB 2876: Heightened penalties for protesters who conceal their identity

Would increase criminal penalties that could cover peaceful protesters who choose to wear a mask. Under the bill, a protesters charged with “riot” would face more serious penalties if they were wearing a mask or other face covering with intent to conceal their identity, as compared to someone without a mask. The offense would be a Class A misdemeanor, punishable by up to one year in jail and $4,000, instead of a Class B misdemeanor. The crime of “riot” under Texas law is defined broadly and does not require violence or other unlawful conduct: The offense covers a group of seven demonstrators whose conduct “substantially obstructs law enforcement or other governmental function or services,” or whose “physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.” Under the bill, a protester who chose to wear a mask to avoid #retaliation for their political views could face significant jail time if their #NonviolentProtest was deemed a “#riot.”

Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB2876

Status: pending

Introduced 14 Mar 2025.

Issue(s): Face Covering, Riot

HB 3061: Heightened penalties for masked protesters

Would increase the penalty for protest-related offenses if committed by someone wearing a mask or other disguise to conceal their identity while “congregating with other individuals who were disguised or masked.” Under the bill, the penalty for trespass, “disorderly conduct,” and “riot” would be one degree more severe if committed by a group in which some individuals wore masks. The bill provides an exemption to the penalty enhancement for masks worn during Halloween, a masquerade ball, or “similar celebration,” but not for avoiding retaliation for political speech. “Disorderly conduct” and “riot” are broadly defined under Texas law. Protesters who make “unreasonable noise” in public, for instance, may be charged with “disorderly conduct”; under the bill, such protesters could face significant jail time rather than a fine if they were masked. “Trespass” in Texas also carries significant penalties if committed on #CollegeCampuses, "critical infrastructure," or other select locations, such that peaceful protesters who trespassed on a college campus could face felony rather than misdemeanor penalties if they were masked to avoid retaliation.

Full text of bill:
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3061

Status: pending

Introduced 19 Feb 2025.

Issue(s): Campus Protests, Face Covering, Infrastructure, Riot, Trespass

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #SLAPPs #MaskedProtesters #AntiMaskLaws

State by State Pending and recently passed #AntiProtestLaws: #Oregon

HB 2534: Felony penalties for protesters who impede traffic

Would expand the definition of “riot” such that the felony offense could cover demonstrators who peacefully protest in the street. Oregon law defines “riot” as engaging in “tumultuous and violent conduct” with a group of five or more other people in a way that “intentionally or recklessly creates a grave risk of causing public alarm.” The offense is a Class C felony, punishable by up to five years in prison and $125,000. The bill would define “tumultuous and violent conduct” to include “imped[ing] traffic,” creating a “traffic hazard,” or “block[ing] the normal and reasonable movement of traffic.” As such, a large sidewalk protest that even momentarily overflowed onto a street in a way that could be considered a “traffic hazard” could be deemed a “riot,” and demonstrators could face felony penalties regardless of whether their conduct was “tumultuous” or “violent.”

Full text of bill:
https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/HB2534

Status: pending

Introduced 13 Jan 2025.

Issue(s): #Riot, #TrafficInterference

HB 2772: Criminalizing Certain Protests as #DomesticTerrorism

**Note: This bill was amended prior to its passage and provisions that would have covered peaceful protest activity were significantly narrowed.** As introduced, the bill would have created a sweeping new crime of "domestic terrorism" that would include if a person intentionally attempted to cause "disruption of daily life" that "severely affects the population, infrastructure, environment, or government functioning of this state." Under this definition, a peaceful protest that blocked traffic in a major commercial district could be defined as domestic terrorism, a Class B felony punishable by up to 10 years in prison and a fine of up to $250,000. Lawmakers substantially amended the bill prior to its enactment, however rights groups argue that it could still cover certain acts of civil disobedience. Under the enacted law, “domestic terrorism” in the first degree is a Class B felony and includes intentionally destroying or substantially damaging “critical infrastructure,” with the intent to disrupt the services provided by critical infrastructure. Attempting to destroy or substantially damage critical infrastructure is a Class C felony, punishable by up to 5 years in prison and a fine of $125,000. “#CriticalInfrastructure” is broadly defined to include #pipelines and #roads.

Full text of bill:
https://olis.oregonlegislature.gov/liz/2023R1/Measures/Overview/HB2772

Status: enacted with improvements

Introduced 9 Jan 2023; Approved by House 8 June 2023; Approved by Senate 23 June 2023; Signed by Governor Kotek 4 August 2023

Issue(s): Infrastructure, Terrorism, Traffic Interference

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests

State by State Pending and recently passed #AntiProtestLaws: #NorthDakota

SB 2044: Heightened penalties for #protests near #CriticalInfrastructure

Enhances potential penalties for individuals who protest near existing and planned gas and oil #pipelines by criminalizing acts that interrupt or interfere with critical infrastructure facilities. In addition to prohibiting actual tampering with critical infrastructure property and equipment, the law prohibits "interfering, inhibiting, impeding, or preventing the construction or repair" of a critical infrastructure facility. Further, the law expands the definition of "critical infrastructure facility" to include a "site or location designated or approved for the construction of a facility" such as an oil or gas pipeline. Intentional interruption of a critical infrastructure facility, including by interfering with pipeline construction, is a Class C felony under the law, subject to a penalty of five years' imprisonment, a fine of $10,000, or both. The law also creates organizational liability for such acts: An organization found to have "conspired" with an individual who committed the interference could be criminally liable for ten times the fee imposed on the individual, or up to $100,000.

Status: enacted

Introduced 3 Jan 2019; Approved by Senate 15 Feb 2019; Approved by House 25 March 2019; Signed by Governor Burgum 10 April 2019

Issue(s): Protest Supporters or Funders, Infrastructure

HB 1426: Heightened penalties for #riot offences

Increases the penalties imposed for riot offenses. Under the law, participation in a riot is a Class A rather than Class B misdemeanor, punishable by up to one year in prison and a $3,000 fine. Engaging in a riot involving more than 100 people is made a Class B felony, subject to 10 years in prison and a $20,000 fine.

Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-8158-02000.pdf

Status: enacted

Introduced 16 Jan 2017; Governor Burgum signed the law on 23 Feb 2017

Issue(s): Riot

HB 1293: Expanded scope of criminal trespass

Expands the scope of criminal trespass activity under state law such that it could encompass protests, demonstrations, or other gatherings on private property, if notice against trespass is "clear from the circumstances." The offense could be punishable by up to 30 days in jail and a $1,500 fine. The law also creates an additional, noncriminal trespass offense and allows officers to issue a citation with a $250 fine for trespassing. The law was part of a package of legislation introduced in response to the #DakotaAccessPipeline protests.

Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-0650-04000.pdf

Status: enacted

Introduced 12 Jan 2017; Signed by Governor Burgum 23 Feb 2017

Issue(s): Trespass

HB 1304: New penalties for protesters who conceal their identity

Prohibits the wearing of #masks, #hoods, or other device that "conceals any portion" of an individual's face while committing a criminal offense, in order to avoid recognition or identification. As drafted, the offense could encompass, e.g., individuals wearing hooded clothing while participating in a protest and also committing a minor offense such as jaywalking. Under the law, commission of the offense comprises a Class A misdemeanor, punishable by up to one year in jail and a $3,000 fine.

Full text of bill [pdf]:
https://ndlegis.gov/assembly/65-2017/documents/17-0311-04000.pdf

Status: enacted

Introduced 12 Jan 2017; Governor Burgum signed it 23 Feb 2017

Issue(s): Face Covering

HB 1226: New criminal penalties for masked protesters

Would create a new criminal offense that could cover peaceful protesters who choose to wear a mask. The bill would make it a Class A misdemeanor, punishable by up to one year in jail and $3,000, to wear a mask “with intent to conceal the identity” of the wearer while “congregating in a public place with any other individual wearing a mask, hood, or other device that covers, hides, or conceals any portion of the individual’s face.” The bill exempts public gatherings to celebrate “Halloween, a masquerade, or other similar celebration,” but does not include exemptions for masks worn during protests, or for health, religious, or other reasons. As written, the bill could cover a protester wearing a mask to avoid retaliation for their political speech, if there were any other individual in the crowd also wearing a mask—for instance, a medical mask to avoid spreading or contracting a contagious disease.

Full text of bill:
https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1226.html?bill_year=2025&bill_number=1226

Status: pending

Introduced 13 Jan 2025; Approved by House 10 February 2025

Issue(s): Face Covering

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws #SurveillanceState #PipelineProtests #NoDAPL

State by State Pending and recently passed #AntiProtestLaws: #NorthCarolina

HB 237: Heightened penalties for street #protesters and #MaskedProtesters

Increases penalties for protesters who block #traffic and for masked protesters who break any law. The law makes it a Class A1 misdemeanor, punishable by up to 150 days in jail and a fine, to willfully impede traffic while participating in a demonstration on a street or highway. Second and subsequent offenses would be a Class H felony, punishable by up to 25 months in prison. Under the law, “organizers” of street protests can be held civilly liable for any injury resulting from delays caused by the obstruction of an emergency vehicle. The law does not define “organizer,” such that anyone involved in the planning of a protest might be covered, nor does it require that the “organizer” have any intent or knowledge that an emergency vehicle would be obstructed. Additionally, the law narrows the health-related exception to North Carolina’s ban on wearing masks in public, requiring that a mask worn for health or safety reasons must be a “medical or surgical grade” mask worn “to prevent[] the spread of contagious disease.” The law broadens the authority of law enforcement and third parties to require someone to remove their masks in such cases. Under the law, someone convicted of any offense, including nonviolent protest-related offenses, can face steeper punishment if they were wearing a mask or other face covering at the time, regardless of the reason for doing so. The bill’s sponsor cited recent #ProPalestine protests on college campuses, in which some protesters have worn masks.

Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/h237

Status: enacted

Introduced 7 May 2024; Approved by Senate 15 May 2024; Approved by House 11 June 2024; Vetoed by Governor Cooper 21 June 2024; Veto overridden 27 June 2024

Issue(s): Civil Liability, Face Covering, Traffic Interference

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 #PeacefulChanting 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 24 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.

Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/h40

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

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.

Full text of bill:
https://www.ncleg.gov/BillLookUp/2023/S58

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, #ProtestSupporters or Funders, #Infrastructure

SB 300: Heightened penalties for "riot"

**Note: This bill was later amended to remove all riot provisions except the increased penalties** Would increase the penalty for engaging in a "riot," from a Class 1 misdemeanor to a Class H felony, punishable by 25 months in prison. If the "riot" resulted in property damage of over $1,500, or serious injury, anyone deemed to have engaged in the "riot" (regardless of their role in the damage or injury) could be convicted of a Class G felony, punishable by 31 months in prison. The bill would not alter North Carolina's broad definition of "riot," which does not require any actual violence or destructive activity. Under the bill, peaceful protesters in a group of three or more who present an "imminent threat of disorderly and violent conduct" that "creates a clear and present danger" of property damage or injury could face felony convictions and lengthy prison sentences. Note: A later amendment eliminated the proposed increase in penalty for engaging in a "riot." It also eliminated the proposal to make it a Class G felony for engaging in a riot that resulted in property damage over $1,500 or serious bodily injury. Instead, it replaced that proposal by making it a Class G felony if during the course of a riot a person caused over $1,500 in property damage or a Class F felony if the person during the course of a riot caused serious bodily injury or brandished a dangerous weapon or substance. It also clarified that "mere presence alone without an overt act" is not sufficient to sustain a conviction of rioting. (See full text of bill here)

Status: enacted with improvements

Introduced 15 Mar 2021; Approved by Senate 12 May 2021; Approved by House 18 August 2021; Signed by Governor Cooper 2 September 2021

Issue(s): Riot

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws #SurveillanceState #PipelineProtests

State by State Pending and recently passed #AntiProtestLaws: #NewYork

S 6746: New penalties for protesters who wear a #mask

Would create a new criminal offense, “concealment of identity during a protest,” that would cover peaceful protesters who wear a mask while demonstrating. Under the bill, a person who wears a mask or facial covering that disguises their face “so as to conceal the identity of the wearer” while “involved in a lawful assembly, unlawful assembly, protest, or riot” commits the offense. The bill provides an exception for masks and other face coverings worn as protection from weather, for religious reasons, for medical purposes, or as a costume for a holiday or exhibition. While only a violation, the new offense would restrict individuals’ ability to protest lawfully while remaining anonymous, for instance to avoid retaliation.

Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S6746
Status: pending

Introduced 21 Mar 2025.

Issue(s): #FaceCovering, Riot

S 5911: Heightened penalties for #riot and incitement to riot

Would enhance the penalties for first and second degree "riot" as well as "incitement to riot." Under New York law, "incitement to riot" is broadly defined, and could cover a person or organization found to have "urged" a group of people to protest in a "tumultuous and violent" way that is “likely to create public alarm”—regardless of whether such protest ever takes place or creates “public alarm.” The bill would make the offense a Class E felony, punishable by up to four years in prison, instead of a Class A misdemeanor.

Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S5911

Status: pending

Introduced 3 Mar 2025.

Issue(s): Riot

S 723: New criminal penalties for masked protesters

Would create two new crimes that could apply to masked protesters and people who support them. Under the bill, a person who is masked or “disguised by unusual or unnatural attire or facial alteration,” who engages in a protest or other public assembly with other masked or disguised people, commits the offense of “deceptive wearing of a mask,” a Class B misdemeanor punishable by up to 90 days in jail. The offense would likewise apply to anyone who “knowingly permits or aids” masked demonstrators who congregate in public. The offense does not require that an individual act unlawfully or have any intent to engage in unlawful behavior. A second offense, “aggravated deceptive wearing of a mask,” would apply to masked or disguised individuals engaged in a public assembly where property damage or injuries occur; the offense would be a Class A misdemeanor punishable by up to one year in jail. (As drafted, the bill does not make clear whether an individual need personally cause the damage or injury, or merely be part of a group where such damage or injury occurs, to commit the offense.) The bill provides exemptions for masks or disguises worn for religious purposes, or in connection with a government-authorized “masquerade party or like entertainment.” If enacted, the bill would give law enforcement broad discretion to arrest individuals who wear masks or other disguise at a public protest, as well as anyone who seemed to be “aiding” them. The same bill was introduced as S 9194 in the 2023-2024 session.

Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S723

Status: pending

Introduced 8 Jan 2025.

Issue(s): Protest Supporters or Funders, Face Covering

S 534: New penalties for protesters who block #traffic

Would create a new criminal offense that could cover #UnpermittedProtests and #demonstrations on #streets, #sidewalks, or near public buildings. According to the bill, a person participating in a protest without a permit who “obstructs” cars or pedestrians, or prevents people from entering or exiting buildings, commits a new offense of “aggravated disorderly conduct” if they intend “to cause public inconvenience, annoyance or alarm” or are “recklessly creating a risk thereof.” The offense would be a class A misdemeanor, punishable by one year in jail and $1,000. As written, an individual in a spontaneous protest that blocks a sidewalk, “recklessly creating a risk” of inconveniencing people, would be guilty of the offense. The bill would also add the offense to the underlying offenses that can be charged as a hate crime under New York law, and allow individuals arrested for the offense to be held for bail. The same bill was introduced as S 8646 in 2024.

Full text of bill:
https://www.nysenate.gov/legislation/bills/2025/S534

Status: pending

Introduced 8 Jan 2025.

Issue(s): #TrafficInterference

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws

State by State Pending and recently passed #AntiProtestLaws: #NewJersey - part 1

S 3578: New Penalties for Protesters Who Conceal Their Identity

Would create a new disorderly persons offense "for a person, while congregating in a public place with other people who are also masked or disguised, to wear any mask or other facial obscurant or disguise with the purpose to conceal the person's identity while committing another crime or offense." The bill creates exemptions for activities related to Halloween, the weather, religious beliefs, medical purposes, or a public parade of an educational, religious, or historical character. However, it does not create an exemption for protests. As such, one engaged in identical conduct during a Halloween celebration and a protest would not face criminal liability under this proposed offense during the Halloween celebration, but could face criminal liability under this proposed offense during a demonstration. The penalty under the bill is up to 6 months in jail and a $1,000 fine.

Full bill text:
https://www.njleg.state.nj.us/bill-search/2024/S3578

Status: pending

Introduced 19 Sep 2024.

Issue(s): Face Covering

A 4652 / S 3507: New penalties for protest organizers and supporters, “disruptive” protesters, and protesters who wear masks

Would create serious new penalties that could cover protest organizers and others who “promote” protests. The bill creates a new offense of “inciting a public brawl,” broadly defined to cover someone who “acts with purpose to organize or promote” a group of four or more people to engage in “disorderly conduct.” But under New Jersey law, “disorderly conduct” is defined to include “tumultuous conduct” that might “create a risk” of “public inconvenience”—language that can cover peaceful protest activity and is often used to arrest and charge demonstrators. As such, the “inciting a public brawl” offense, which incorporates “disorderly conduct,” could cover a range of activity related to facilitating a peaceful demonstration, particularly as the bill does not define “organizing” or “promoting.” The offense is a serious misdemeanor punishable by up to six months in jail and $1,000. If the “organizers” or “promoter” acts with purpose “to disrupt or cause a disturbance at a public gathering or event” or “knowing that such a disruption or disturbance is likely to occur,” it is a felony, punishable by up to 18 months in prison and $10,000. The bill does not require that such “disturbance” be more than fleeting in duration or that it otherwise meaningfully interfere with the public event. As such, the felony offense would seemingly cover someone who shares a social media post about a large street protest, knowing that it may even briefly “disturb” a public event taking place nearby. Under the bill, participants in such a protest would face heightened penalties as well, as the bill increases penalties for someone who engages in “disorderly conduct” “with purpose to disrupt or cause a disturbance at a public gathering or event.” Finally, the bill increases penalties for someone who engages in “disorderly conduct” while concealing or attempting to conceal their identity “with purpose to hinder prosecution or avoid apprehension.” In both cases “disorderly conduct” would be a serious rather than petty offense, punishable by up to six months in jail and $1,000.

Full text of bill:
https://www.njleg.state.nj.us/bill-search/2024/A4652

Status: pending

Introduced 25 Jun 2024; Approved by Assembly 27 February 2025; Approved by Senate 24 March 2025

Issue(s): Protest Supporters or Funders, Face Covering

S 3103: Heightened penalties for blocking traffic

Would increase penalties for impeding traffic on public roads. Under the bill, “recklessly obstruct[ing]” any public road would be a more serious misdemeanor than under current law, punishable by up to six months in jail and $1,000. The bill would additionally create a new felony offense for anyone who purposefully obstructs or “affects” the movement of any commerce on a public road. The new offense would be punishable by up to 18 months in prison and $10,000. As such, protesters who peacefully demonstrate in a public road and even temporarily “affect” commercial vehicles could face felony charges.

Full text of bill:
https://www.njleg.state.nj.us/bill-search/2024/S3103

Status: pending

Introduced 15 Apr 2024.

Issue(s): Traffic Interference

S 834 / A 3489: NEW PENALTIES FOR BLOCKING TRAFFIC AND OTHER PROTEST-ADJACENT CONDUCT

Would make it a felony offense to purposely or recklessly obstruct a public road while engaging in "disorderly conduct" or a "riot," punishable by up to a year and a half in prison and a $10,000 fine. Both "disorderly conduct" and "riot" are defined broadly under New Jersey law: "Disorderly conduct," for instance, could include "recklessly creating a risk of public inconvenience" by causing a "hazardous condition," or using "unreasonably loud and offensively coarse" language in a public place. The bill would also broaden the definition of "riot," such that a group of five or more people who engage in "disorderly conduct" and cause any damage to property or persons could face riot charges, a felony punishable by up to five years in prison and $15,000. Individuals who deface a monument during an unruly protest would also face heightened penalties under the bill: Current law penalizes defacing or damaging any public monument or structure as a disorderly persons offense, subject to six months in jail. The bill would make the same offense a felony punishable by a year and a half in prison and $10,000, if committed during a "riot." The bill would create new sanctions for protest organizers and patrons, as well: Under the bill, a person who "conspires with others as an organizer, supervisor, financier or manager to commit" one of a number of crimes during a protest would be guilty of "promotion of violent, disorderly assembly" and face enhanced criminal penalties. The text was introduced as S3261 during the 2020-2021 session, and as S1783/A4577 during the 2022-2023 session.

Full text of bill:
https://www.njleg.state.nj.us/bill-search/2024/S834

Status: pending

Introduced 9 Jan 2024.

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

S 652 / A 4610: HEIGHTENED PENALTIES FOR BLOCKING TRAFFIC, RIOT, DISORDERLY CONDUCT, AND RELATED OFFENSES

Would make it a felony offense to purposely or recklessly obstruct a public road while engaging in "disorderly conduct" or a "riot," punishable by up to 18 months in prison and a $10,000 fine. Both "disorderly conduct" and "riot" are defined broadly under New Jersey law: "Disorderly conduct," for instance, could include "recklessly creating a risk" of "public inconvenience" by causing a "hazardous condition," or using "unreasonably loud and offensively coarse" language in a public place. The bill would also broaden the definition of "riot," such that a group of seven or more people who engage in "disorderly conduct" and cause any damage to property could face riot charges, a felony punishable by up to five years in prison and $15,000. The bill would create a new felony offense for disorderly conduct in a "place of public accommodation" that is committed during a "riot." It would also establish a felony offense for chalking or using graffiti on a public monument during an unruly protest: Current law penalizes purposely defacing or damaging any public monument or structure as a disorderly persons offense, subject to six months in jail. The bill would make the same offense a felony punishable by a year and a half in prison and $10,000, if committed during a "riot." The same bill was proposed as S84/A456 in the 2022-2023 session.

Full text of bill:
https://www.njleg.state.nj.us/bill-search/2024/S652

Status: pending

Introduced 9 Jan 2024.

Issue(s): #Riot, #TrafficInterference

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws

State by State Pending and Recently Passed #AntiProtestLaws: #Louisiana

HB 737: #Vague ban on #ResidentialProtests

Broadly criminalizes participating in a protest within 50 feet of a residence that “threatens to disrupt, or harasses” an individual’s “right to control or use” their residence. The law does not make exceptions for protests that take place in #PublicParks or on #sidewalks—traditional public forums—that may be within 50 feet of residential buildings. Nor does the law require any intent on the part of protesters to target a specific residence or to harass or disturb specific residents. The law also does not require that a protest actually disrupt an individual's right to use their residence, only that it "threaten" to do so. It is also unclear what would constitute "harassing" an individual's right to use their residence, for the purpose of the law.

Full text of bill:
https://www.legis.la.gov/legis/BillInfo.aspx?s=24RS&b=HB737&sbi=y

Status: enacted

Introduced 18 Mar 2024; Approved by House 9 April 2024; Approved by Senate 20 May 2024; Signed by Governor Landry 18 June 2024

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.

Full text of bill:
https://www.legis.la.gov/legis/BillInfo.aspx?s=24RS&b=HB383&sbi=y

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): #DriverImmunity, #TrafficInterference

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 “#PublicDisturbance” 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 #CivilDisobedience 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 #HardLabor and a one million dollar fine.

Full text of bill:
https://www.legis.la.gov/legis/BillInfo.aspx?i=245811&sbi=y

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): #ProtestSupporters or Funders, Infrastructure, Riot, #Trespass

HB 127: Heightened penalties for #StreetProtesters 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.

Full text of bill:
https://legis.la.gov/legis/BillInfo.aspx?s=24RS&b=HB127&sbi=y

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

HB 727: NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES

Targets protests around gas and oil #pipelines by expanding the definition of "critical infrastructure" and providing for the offense of "unauthorized entry of a critical infrastructure." Under the law, "critical infrastructure" is amended to include "pipelines," "any site where the construction or improvement of [pipelines or any other listed infrastructure facility] is taking place," as well as "all structures, equipment, or other immovable or movable property located within or upon" such facilities. Unauthorized entry onto critical infrastructure property as defined above is punishable by imprisonment with or without hard labor for up to five years and a fine of $1,000. As originally introduced, the law included a new crime of "conspiracy to engage in unauthorized entry" of a critical infrastructure facility, punishable by imprisonment with or without hard labor for up to five years and a fine of $10,000, such that individuals who only planned to hold a peaceful protest on infrastructure property could be prosecuted. The amended and enacted version of the bill removed the provisions on conspiracy, however. In addition, prior to the law's enactment, provisions were added to mandate that the law would not apply to "[l]awful assembly and peaceful and orderly petition, picketing, or demonstration for the redress of grievances or to express ideas or views regarding legitimate matters of public interest."

Full text of bill:
https://www.legis.la.gov/legis/BillInfo.aspx?s=18RS&b=HB727&sbi=y

Status: enacted

Introduced 26 Mar 2018; Approved by House 12 April 2018; Approved by the Senate 8 May 2018; Signed into law by Governor Edwards 30 May 2018

Issue(s): Infrastructure, #Trespass

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #HeatherHeyer #UniteTheRight #DrivingDownProtestors

State by State Pending and Recently Passed #AntiProtestLaws: #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 “#CriticalInfrastructure” 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 entrance 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.

Full text of bill: https://www.flsenate.gov/Session/Bill/2022/1435/?Tab=BillHistory

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

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.

Full text of bill: https://www.flsenate.gov/Session/Bill/2022/1435/?Tab=BillHistory

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

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.

Full text of bill: https://www.flsenate.gov/Session/Bill/2022/1435/?Tab=BillHistory

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, #PoliceResponse, Riot, #TrafficInterference, State Liability, #StandYourGround

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #PipelineProtests #CriminalizingDissent #AntiProtestLaws

State by State Pending and Recently Passed #AntiProtestLaws: #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.
Full text of bill: https://www.arkleg.state.ar.us/Bills/Detail?id=HB1508&ddBienniumSession=2021%2F2021R&Search=

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, #TrafficInterference

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 "#CriticalInfrastructure" 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.

Full text of bill: https://arkleg.state.ar.us/Bills/Detail?id=hb1321&ddBienniumSession=2021%2F2021R&Search=

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

HB 1578: Expanded Civil Liability for Those Who Incite a Riot and Criminal Penalties for Obstructing First Responders

Creates a civil cause of action for a person who is injured or has property damaged as a "direct or indirect" result of a "riot" against a person who commits "riot" or a person or entity who incites a riot. Arkansas law defines both "riot" and "incitement" broadly, creating potential liability for protesters or organizations who are interpreted to have urged others to have engaged in tumultuous or violent conduct.

Full text of bill: https://arkleg.state.ar.us/Bills/Detail?id=HB1578&ddBienniumSession=2017%2F2017R

Status: enacted

Introduced 17 Feb 2017; Passed by House 2 March 2017; Passed by Senate 27 March 2017; Signed by Governor 6 April 2017.

Issue(s): Civil Liability, Protest Supporters or Funders, Riot

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #CriminalizingDissent #AntiProtestLaws #CivilWarMonuments #Racism