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18 USC CHAPTER 102 - RIOTS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 102 - RIOTS

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CHAPTER 102 - RIOTS

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Sec.

2101. Riots.

2102. Definitions.

AMENDMENTS

1968 - Pub. L. 90-284, title I, Sec. 104(a), Apr. 11, 1968, 82

Stat. 75, added chapter 102 and items 2101 and 2102.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2516 of this title.

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18 USC Sec. 2101 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 102 - RIOTS

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Sec. 2101. Riots

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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 - (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be ''paragraph

(1), (2), (3), or (4) of this subsection - ''.

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) (FOOTNOTE 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.

(FOOTNOTE 2) So in original. Probably should be ''paragraph

(1), (2), (3), or (4) of subsection (a)''.

(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.

-SOURCE-

(Added Pub. L. 90-284, title I, Sec. 104(a), Apr. 11, 1968, 82

Stat. 75; amended Pub. L. 99-386, title I, Sec. 106, Aug. 22, 1986,

100 Stat. 822; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L),

Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-294, title VI, Sec.

601(f)(15), Oct. 11, 1996, 110 Stat. 3500.)

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AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-294 struck out par. (1)

designation and redesignated subpars. (A) to (D) as pars. (1) to

(4), respectively.

1994 - Subsec. (a)(1). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000''.

1986 - Subsec. (d). Pub. L. 99-386 struck out ''; or in the

alternative shall report in writing, to the respective Houses of

the Congress, the Department's reason for not so proceeding'' after

''such prosecution''.

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18 USC Sec. 2102 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 102 - RIOTS

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Sec. 2102. Definitions

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 90-284, title I, Sec. 104(a), Apr. 11, 1968, 82

Stat. 76.)

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