U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 102— RIOTS

18 U.S.C. § 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— 11 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) 22 So in original. Probably should be “paragraph (1), (2), (3), or (4) of subsection (a)”. 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.(Added Pub. L. 90–284, title I, § 104(a), Apr. 11, 1968, 82 Stat. 75; amended Pub. L. 99–386, title I, § 106, Aug. 22, 1986, 100 Stat. 822; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(f)(15), Oct. 11, 1996, 110 Stat. 3500.)Editorial NotesAmendments

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”.

Notes of Decisions
Cited in 67 cases (10 in the last 5 years), 1968–2024 · leading case: United States v. Daley, 378 F. Supp. 3d 539 (W.D. Va. 2019).
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United States v. Daley, 378 F. Supp. 3d 539 (W.D. Va. 2019). · cites it 17× “§ 371 (Count One) and one count of traveling in interstate commerce with the intent to riot (Count Two) in violation of 18 U.S.C. § 2101 ("Federal Anti-Riot Act" or "Anti-Riot Act").”
United States v. Michael Miselis, 972 F.3d 518 (4th Cir. 2020). · cites it 6× “§ 371 , with the underlying offense being the substantive violation set forth in Count 2; and (2) traveling in interstate commerce with intent to riot, in violation of the Anti-Riot Act, 18 U.S.C. §§ 2101–02. The defendants moved to dismiss the indictment, raising numerous…”
Branzburg v. Hayes, 408 U.S. 665 (1972). · cites it 4× “§ 231 (civil disorders), 18 U. S. C. § 2101 (interstate travel to incite a riot), and 18 U.”
United States v. David T. Dellinger, 472 F.2d 340 (7th Cir. 1973). · cites it 5× “IS THE ANTI-RIOT ACT UNCONSTITUTIONAL? The constitutionality of 18 U.S.C. § 2101 has already been before this court.”
United States v. Robert Rundo, 990 F.3d 709 (9th Cir. 2021). · cites it 4× “The panel found no violation of the First Amendment in the Act’s overt act provisions; its definition of a riot; or in subparagraphs (1), (2), and (4) of 18 U.S.C. § 2101 (a), except insofar as subparagraph (2) prohibits speech tending to “organize,” “promote,” or “encourage” a…”
J. Marquez-Reyes v. Merrick Garland, 36 F.4th 1195 (9th Cir. 2022). · cites it 3× “We discussed the meaning of “encourage” only briefly, without considering whether it could be limited to solicitation or aiding and abetting; the surrounding statutory terms in section 2101(a)(2)—namely “organize, promote .”
United States v. Shamar Betts, 99 F.4th 1048 (7th Cir. 2024). · cites it 6× “Betts was indicted for inciting a riot in violation of the Anti-Riot Act, 18 U.S.C. § 2101 . He 2 Nos. 21-2572 & 21-3157 moved to dismiss the indictment arguing that the Anti-Riot Act was overbroad in violation of the First Amendment, but the district court denied his motion.”
United States v. Thomas Cameron Kincade, 379 F.3d 813 (9th Cir. 2004). “§ 231 ; participation, promotion, or incitement of a riot, 18 U.S.C. § 2101 ; advocating the overthrow of the United States government, 18 U.”
United States v. DeChristopher, 695 F.3d 1082 (10th Cir. 2012). “” 18 U.S.C. § 2101 (a). More benignly, federal law authorizes the administrator of the Federal Emergency Management Agency “to organize, or to participate in organizing, an annual conference on fire prevention and control.”
United States v. Markiewicz, 978 F.3d 786 (2d Cir. 1992). · cites it 5× “See 18 U.S.C. § 2101 . One serious incident during this period, which formed the basis for count VII, was the burning of the bingo hall in the early morning hours of February 21, 1988.”
In Re Shead, 302 F. Supp. 560 (N.D. Cal. 1969). · cites it 6× “As to 18 U.S.C. § 2101 , constitutionality is also a proper issue, since this Court would be powerless to order the witnesses to testify if that statute is unconstitutional on its face.”
United States v. Violations of 18 U.S.C. Sections 231, 241, 245, 371, 1361, 2101, 2102, 452 F.2d 1239 (D.C. Cir. 1971). · cites it 3× “Of the offenses under investigation by the grand jury, only a violation of 18 U.S.C. § 2101 would fall within the offenses itemized in § 2516.”
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