CITE
18 USC Sec. 2101 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 102 - RIOTS
HEAD
Sec. 2101. Riots
STATUTE
(a) Whoever travels in interstate or foreign commerce or uses any
facility of interstate or foreign commerce, including, but not
limited to, the mail, telegraph, telephone, radio, or television,
with intent -
(1) to incite a riot; or
(2) to organize, promote, encourage, participate in, or carry
on a riot; or
(3) to commit any act of violence in furtherance of a riot; or
(4) to aid or abet any person in inciting or participating in
or carrying on a riot or committing any act of violence in
furtherance of a riot;
and who either during the course of any such travel or use or
thereafter performs or attempts to perform any other overt act for
any purpose specified in subparagraph (A), (B), (C), or (D) of this
paragraph - (!1)
Shall be fined under this title, or imprisoned not more than five
years, or both.
(b) In any prosecution under this section, proof that a defendant
engaged or attempted to engage in one or more of the overt acts
described in subparagraph (A), (B), (C), or (D) of paragraph (1) of
subsection (a) (!2) and (1) has traveled in interstate or foreign
commerce, or (2) has use of or used any facility of interstate or
foreign commerce, including but not limited to, mail, telegraph,
telephone, radio, or television, to communicate with or broadcast
to any person or group of persons prior to such overt acts, such
travel or use shall be admissible proof to establish that such
defendant traveled in or used such facility of interstate or
foreign commerce.
(c) A judgment of conviction or acquittal on the merits under the
laws of any State shall be a bar to any prosecution hereunder for
the same act or acts.
(d) Whenever, in the opinion of the Attorney General or of the
appropriate officer of the Department of Justice charged by law or
under the instructions of the Attorney General with authority to
act, any person shall have violated this chapter, the Department
shall proceed as speedily as possible with a prosecution of such
person hereunder and with any appeal which may lie from any
decision adverse to the Government resulting from such prosecution.
(e) Nothing contained in this section shall be construed to make
it unlawful for any person to travel in, or use any facility of,
interstate or foreign commerce for the purpose of pursuing the
legitimate objectives of organized labor, through orderly and
lawful means.
(f) Nothing in this section shall be construed as indicating an
intent on the part of Congress to prevent any State, any possession
or Commonwealth of the United States, or the District of Columbia,
from exercising jurisdiction over any offense over which it would
have jurisdiction in the absence of this section; nor shall
anything in this section be construed as depriving State and local
law enforcement authorities of responsibility for prosecuting acts
that may be violations of this section and that are violations of
State and local law.
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.)
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".
FOOTNOTE
(!1) So in original. Probably should be "paragraph (1), (2),
(3), or (4) of this subsection - ".
(!2) So in original. Probably should be "paragraph (1), (2),
(3), or (4) of subsection (a)".