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18 USC CHAPTER 12 - CIVIL DISORDERS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 12 - CIVIL DISORDERS

.

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CHAPTER 12 - CIVIL DISORDERS

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Sec.

231. Civil disorders.

232. Definitions.

233. Preemption.

AMENDMENTS

1968 - Pub. L. 90-284, title X, Sec. 1002(a), Apr. 11, 1968, 82

Stat. 90, added chapter 12 and items 231 to 233.

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18 USC Sec. 231 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 12 - CIVIL DISORDERS

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Sec. 231. Civil disorders

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(a)(1) Whoever teaches or demonstrates to any other person the

use, application, or making of any firearm or explosive or

incendiary device, or technique capable of causing injury or death

to persons, knowing or having reason to know or intending that the

same will be unlawfully employed for use in, or in furtherance of,

a civil disorder which may in any way or degree obstruct, delay, or

adversely affect commerce or the movement of any article or

commodity in commerce or the conduct or performance of any

federally protected function; or

(2) Whoever transports or manufactures for transportation in

commerce any firearm, or explosive or incendiary device, knowing or

having reason to know or intending that the same will be used

unlawfully in furtherance of a civil disorder; or

(3) Whoever commits or attempts to commit any act to obstruct,

impede, or interfere with any fireman or law enforcement officer

lawfully engaged in the lawful performance of his official duties

incident to and during the commission of a civil disorder which in

any way or degree obstructs, delays, or adversely affects commerce

or the movement of any article or commodity in commerce or the

conduct or performance of any federally protected function -

Shall be fined under this title or imprisoned not more than five

years, or both.

(b) Nothing contained in this section shall make unlawful any act

of any law enforcement officer which is performed in the lawful

performance of his official duties.

-SOURCE-

(Added Pub. L. 90-284, title X, Sec. 1002(a), Apr. 11, 1968, 82

Stat. 90; amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L),

Sept. 13, 1994, 108 Stat. 2147.)

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AMENDMENTS

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

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

SHORT TITLE

Section 1001 of title X of Pub. L. 90-284 provided that: ''This

title (enacting this chapter) may be cited as the 'Civil Obedience

Act of 1968'.''

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18 USC Sec. 232 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 12 - CIVIL DISORDERS

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Sec. 232. Definitions

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For purposes of this chapter:

(1) The term ''civil disorder'' means any public disturbance

involving acts of violence by assemblages of three or more persons,

which causes an immediate danger of or results in damage or injury

to the property or person of any other individual.

(2) The term ''commerce'' means commerce (A) between any State or

the District of Columbia and any place outside thereof; (B) between

points within any State or the District of Columbia, but through

any place outside thereof; or (C) wholly within the District of

Columbia.

(3) The term ''federally protected function'' means any function,

operation, or action carried out, under the laws of the United

States, by any department, agency, or instrumentality of the United

States or by an officer or employee thereof; and such term shall

specifically include, but not be limited to, the collection and

distribution of the United States mails.

(4) The term ''firearm'' means any weapon which is designed to or

may readily be converted to expel any projectile by the action of

an explosive; or the frame or receiver of any such weapon.

(5) The term ''explosive or incendiary device'' means (A)

dynamite and all other forms of high explosives, (B) any explosive

bomb, grenade, missile, or similar device, and (C) any incendiary

bomb or grenade, fire bomb, or similar device, including any device

which (i) consists of or includes a breakable container including a

flammable liquid or compound, and a wick composed of any material

which, when ignited, is capable of igniting such flammable liquid

or compound, and (ii) can be carried or thrown by one individual

acting alone.

(6) The term ''fireman'' means any member of a fire department

(including a volunteer fire department) of any State, any political

subdivision of a State, or the District of Columbia.

(7) The term ''law enforcement officer'' means any officer or

employee of the United States, any State, any political subdivision

of a State, or the District of Columbia, while engaged in the

enforcement or prosecution of any of the criminal laws of the

United States, a State, any political subdivision of a State, or

the District of Columbia; and such term shall specifically include

members of the National Guard (as defined in section 101 of title

10), members of the organized militia of any State, or territory of

the United States, the Commonwealth of Puerto Rico, or the District

of Columbia not included within the National Guard (as defined in

section 101 of title 10), and members of the Armed Forces of the

United States, while engaged in suppressing acts of violence or

restoring law and order during a civil disorder.

(8) The term ''State'' includes a State of the United States, and

any commonwealth, territory, or possession of the United States.

-SOURCE-

(Added Pub. L. 90-284, title X, Sec. 1002(a), Apr. 11, 1968, 82

Stat. 91; amended Pub. L. 101-647, title XII, Sec. 1205(a), Nov.

29, 1990, 104 Stat. 4830; Pub. L. 102-484, div. A, title X, Sec.

1051(b)(1), Oct. 23, 1992, 106 Stat. 2498.)

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AMENDMENTS

1992 - Par. (7). Pub. L. 102-484 substituted ''members of the

National Guard (as defined in section 101 of title 10),'' for '',

but shall not be limited to, members of the National Guard, as

defined in section 101(9) of title 10, United States Code,'' and

''not included within the National Guard (as defined in section 101

of title 10),'' for '', not included within the definition of

National Guard as defined by such section 101(9),''.

1990 - Par. (8). Pub. L. 101-647 added par. (8).

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 844 of this title; title

49 sections 5117, 40113.

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18 USC Sec. 233 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 12 - CIVIL DISORDERS

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Sec. 233. Preemption

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Nothing contained in this chapter shall be construed as

indicating an intent on the part of Congress to occupy the field in

which any provisions of the chapter operate to the exclusion of

State or local laws on the same subject matter, nor shall any

provision of this chapter be construed to invalidate any provision

of State law unless such provision is inconsistent with any of the

purposes of this chapter or any provision thereof.

-SOURCE-

(Added Pub. L. 90-284, title X, Sec. 1002(a), Apr. 11, 1968, 82

Stat. 91.)

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