§ 2101. — Riots.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2101]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 102--RIOTS
Sec. 2101. Riots
(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\
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\1\ So in original. Probably should be ``paragraph (1), (2), (3), or
(4) of this subsection--''.
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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.
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\2\ So in original. Probably should be ``paragraph (1), (2), (3), or
(4) of subsection (a)''.
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(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.
(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''.
