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by the person so possessing or using it, or by a person aiding or abetting the person so possessing or using it: Provided, however, That no person may be convicted under this section unless there is evidence independent of the presumptions that this section has been violated.

(d) Whoever, through the use of the mail, telephone, telegraph, or other instrument of commerce, willfully imparts or conveys, or causes to be imparted or conveyed, any threat, or false information knowing the same to be false, concerning an attempt or alleged attempt being made, or to be made, to damage or destroy any building or other real or personal property for the purpose of interfering with its use for educational, religious, charitable, residential, business, or civic objectives, or of intimidating any person pursuing such objectives, shall be subject to imprisonment for not more than one year or a fine of not more than $1,000 or both.

(e) This section shall not be construed as indicating an intent on the part of Congress to occupy the field in which this section operates to the exclusion of a law of any State, Territory, Commonwealth, or possession of the United States, and no law of any State, Territory, Commonwealth, or possession of the United States which would be valid in the absence of the section shall be declared invalid, and no local authorities shall be deprived of any jurisdiction over any offense over which they would have jurisdiction in the absence of this section. (Added Pub. L. 86–449, title II, § 203, May 6, 1960, 74 Stat. 87.)

DISTRICT OF COLUMBIA CODE

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§ 49-301. Common law, principles of equity and admiralty, and Acts of Congress

to remain in force. The common law, all British statutes in force in Maryland on February 27, 1801, the principles of equity and admiralty, all general Acts of Congress not locally inapplicable in the District of Columbia, and all Acts of Congress by their terms applicable to the District of Columbia and to other places under the jurisdiction of the United States, in force in the District of Columbia on March 3, 1901, shall remain in force except in so far as the same are inconsistent with, or are replaced by, subsequent legislation of Congress. (Mar. 3, 1901, 31 Stat. 1189, ch. 854, $ 1.) § 22–1107. Unlawful assembly-Profane and indecent language.

It shall not be lawful for any person or persons within the District of Columbia to congregate and assemble in any street, avenue, alley, road, or highway, or in or around any public building or inclosure, or any park or reservation, or at the entrance of any private building or inclosure, and engage in loud and boisterous talking or other disorderly conduct, or to insult or make rude or obscene gestures or comments or observations on persons passing by, or in their hearing, or to crowd, obstruct, or incommode, the free use of any such street, avenue, alley, road, highway, or any of the foot pavements thereof, or the free entrance into any public or private building or inclosure; it shall not be lawful for any person or persons to curse, swear, or make use of any profane language or indecent or obscene words, or engage in any disorderly conduct in any street, avenue, alley, road, highway, public park or inclosure, public building, church, or assembly room, or in any other public place. § 22–1109. Throwing stones or other missiles forbidden.

It should not be lawful for any person or persons within the District of Columbia to throw any stone or other missile in any street, avenue, alley, road, or highway, or open space, or public square, or inclosure, or to throw any stone or other missile from any place into any street, avenue, road, or highway, alley, open space, public square, or inclosure, under a penalty of not more than five dollars for every such offense. (July 29, 1892, 27 Stat. 322, ch. 320, g 3.) $ 22–3105. Placing explosives with intent to destroy or injure property.

Whoever places, or causes to be placed, in, upon, under, against, or near to any building, car, vessel, monument, statue, or structure, gunpowder or any explosive substance of any kind whatsoever, with intent to destroy, throw down, or injure the whole or any part thereof, although no damage is done, shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding ten years. (Mar. 3, 1905, 33 Stat. 1033, ch. 1461.)

§ 22–311. Disorderly conduct in public buildings or grounds-Injury to or

destruction of United States property. Any person guilty of disorderly and unlawful conduct in or about the public buildings

and public grounds belonging to the United States within the District of Columbia, or who shall willfully injure the buildings or shrubs, or shall pull down, inpair, or otherwise injure any fence, wall, or other inclosure, or shall injure any sink, culvert, pipe, hydrant, cistern, lamp, or bridge, or shall remove any stone, gravel, sand, or other property of the United States, or any other part of the public grounds or lots belonging to the United States in the District of Columbia, shall, upon conviction thereof, be fined not more than fifty dollars. (July 29, 1892, 27 Stat. 325, ch. 320, s 15.)

CODE OF ALABAMA, TITLE 14 8407. (5439) (7721) (5473) (3765) (4102) (3549) (9) Unlawful assemblies. – If two or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them shall, on conviction, be punished, at the discretion of the jury, by fine and imprisonment in the county jail, or hard labor for the county, for not more than six minths.

$ 408. (5440) Rout. If three or more persons shall meet together to do an unlawful act upon a common cause, and shall make advances toward the commission thereof, they shall be deemed guilty of a riot (rout), and, on conviction, shall be punished as provided in section 407 of this title.

$ 409. (5441) (7722) (5474) (3766) (4103) (3550) (10) Riots and routs.- If any persons, unlawfully assembled, demolish, pull down, or destroy, or begin to demolish, pull down, or destroy, any dwelling house or other building, or any ship or vessel, they shall each be punished, on conviction, at the discretion of the jury, by fine and imprisonment in the county jail, or by imprisonment in the penitentiary, for not less than two nor more than five years.

$410. (5442) (7723) (5475) Selling arms, etc., during riot in city, town or village. – Whenever any mob, riot or tumult occurs in any city, town or village, all persons therein who sell arms, ammunition, dynamite, or other explosives, shall immediately close their shops, or other places where such business is carried on and keep them closed, and refrain from selling, bartering, lending, or giving away any of the articles above mentioned, until such time as public notice shall be given by the sheriff, mayor or intendant, that such places may be opened and such business carried on; and any person failing to close such shop, or other place where any of the businesses above mentioned are carried on, or who sells, barters, or gives away any of the articles mentioned, after knowing, or having good reason to believe, that a riot, mob, or tumult has occurred, or is then going on, shall be guilty of a high misdemeanor, and, on conviction thereof, shall forfeit his license, and forever thereafter be debarred from engaging in such business, and may be fined not less than five hundred dollars nor more than one thousand dollars, and may also be imprisoned for not more than one year, either or both, at the discretion of the jury trying the case.

$ 411. (5443) (7724) (5476) Violating proclamation prohibiting sale of arms, etc., in city, town or village during riot.- Whenever any mob, riot, lockout, or strike, or tumult has occurred, or there is reasonable cause to apprehend an outbreak thereof in any city, town, or village, or in the vicinity thereof, the mayor or intendant must immediately issue his proclamation ordering the closing of all the places mentioned in section 410 of this title, and forbidding the selling, lending, giving away, bartering, or otherwise disposing of any of the articles mentioned in said section until such time as, in his judgment, such occupation may be carried on without danger to the public peace and safety; and any person knowingly violating the provisions of such proclamation, or suffering any person in his employ to do so, or conniving with any other person to evade the terms of such proclamation, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than five hundred and not more than one thousand dollars, and may also be imprisoned in the county jail, or put to hard labor for the county, for not exceeding six months, and shall forever thereafter be debarred from engaging in such occupation, either or both, at the discretion of the jury trying the case.

§ 412. (5444) Remaining after warning. -Every person who shall remain present at the place of any unlawful assembly, after having been warned to disperse by a magistrate or public officer, unless as a public officer or at the

request of any such officer, he is assisting in dispersing the same, or in protecting persons or property, or in arresting offenders, shall be guilty of a misdemeanor.

8 413. (5445) Combination to resist process. Every person who enters into a combination with another to resist the execution of any legal process or other mandate of a court of competent jurisdiction, under circumstances not amounting to a riot, shall be guilty of a misdemeanor.

$ 414.' (5446) (7725) (5477) Violating order of officer commanding Alabama national guard or state militia prohibiting sale of arms, etc.- Whenever any portion of the Alabama national guard or state militia are actually on duty by order of the governor, or other civil magistrate, to aid in the enforcement of the laws, the commanding officer of such troops may order the closing of all places where arms, ammunition, dynamite, or other explosives are sold, and forbid the selling, bartering, lending or giving away of all such articles, so long as any of the troops remain on duty in such city, town or village, or place in the vicinity thereof, whether any civil officer has forbidden the opening of such places or the doing of such acts or not; and the commanding officer of such troops may continue such order in force until the departure of the troops, although some civil magistrate may have prescribed an earlier date at which such occupation may be carried on; and any person who knowingly violates such order shall, on conviction, forfeit his license, and may also be imprisoned in the county jail, or put to hard labor for the county, for not more than six months, either or both, at the discretion of the jury trying the case.

ALABAMA CODE ANNOTATED, TITLE 14, 1965 CUMULATIVE SUPPLEMENT § 407(1). Outraging assembly resulting in riot or breach of peace; aiding and abetting.–1. Whoever, after having done anything to induce the assembling of a crowd, or, after having given or knowingly permitted to be given notice or public knowledge that he, or any other person, would, at a time or place certain in this state, do, aid, or assist in doing any act or make any gestures or communications which are calculated to or will probably so outrage the sense of decency and morals or so violate or transgress the customs, pattern of life and habits of the people of Alabama as to be likely to cause a riot or breach of the peace at such time or place, and does in fact do or aid or assist in doing any such act, or gestures, or communications, shall be guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding three hundred dollars and may also be imprisoned for a period of not exceeding six months.

2. Whoever shall aid or abet in the commission of the crime of inciting to riot as defined in subsection 1 of this section shall be punished as a principal. (1961, p. 601, appvd. Aug. 22, 1961.)

ALASKA STATUTES ANNOTATED Sec. 11.45.010. Punishment for riot. A person guilty of participating in a riot, upon conviction, is punishable as follows.

(1) If a felony or misdemeanor was committed in the course of the riot, he is punishable as a principal in the crime.

(2) If the person carried at the time of the riot a species of dangerous weapon, or was disguised, or encouraged or solicited other persons who participated in the riot to an act of force or violence, he is punishable by imprisonment in the penitentiary for not less than three years nor more than 15 years.

(3) In all other cases, he is punishable by imprisonment in a jail for not less han three months nor more than one year, or by a fine of not less than $50 nor more than $500. ($65–10 2 ACLA 1949)

Sec. 11.45.020. Riot and unlawful assembly defined. (a) Riot is the use of force or violence, or threat to use force or violence, if accompanied by immediate power of execution, by three or more persons acting together and without authority of law.

(b) An unlawful assembly occurs when three or more persons assemble

(1) with intent, or with means and preparations, to do an unlawful act, which would be riot if actually committed, but do no act toward the commission of riot;

(2) without authority of law, and in a manner adapted to disturb the public peace or excite public alarm, or disguised in a manner to prevent them from being identified. ($65–10-1 ACLA 1949)

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ARIZONA REVISED STATUTES § 13–631. Riot; definition; punishment

A. Any use of force or violence disturbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law, is a riot.

B. A person who participates in a riot is guilty of a felony punishable by imprisonment in the state prison for not to exceed two years, by a fine not exceeding two thousand dollars, or both. $ 13–632. Rout; definition; punishment

A. When two or more persons, assembled and acting together, make an attempt or advance toward the commission of an act which would be a riot if actually committed, such assembly is a rout.

B. A person who participates in a rout is guilty of a misdemeanor. § 13–633. Unlawful assembly; definition; punishment

A. When two or more persons assemble together to do an unlawful act and separate without doing or advancing toward it, or do a lawful act in a violent, boisterous or tumultuous manner, such assembly is an unlawful assembly.

B. A person who participates in an unlawful assembly is guilty of a misdemeanor. $ 13–634. Remaining present at riot, rout or unlawful assembly; penalty

A person, except a public officer and those assisting him in attempting to disperse a riot, rout or unlawful assembly, remaining present at the place of a riot, rout or unlawful assembly after the persons participating in it have been lawfully warned to disperse, is guilty of a misdemeanor. § 13–635. Failure to suppress unlawful or riotous assembly; punishment

A magistrate or officer having notice of an unlawful or riotous assembly, who neglects to proceed to the place of assembly, or as near thereto as he can with safety, and to exercise the authority with which he is vested for suppressing such assembly and arresting the offenders, is guilty of a misdemeanor.

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ARKANSAS STATUTES ANNOTATED 41-1402. Unlawful assembly, rout, riot-Penalty.-If three [3] or persons assemble together, with the intent, or being assembled, shall agree mutually, to assist each other to do an unlawful act, with force or violence, against the person or property of another, or against the peace, or to the terror of the people, and shall accomplish the purpose intended, or do any unlawful act in furtherance of such purpose, in a violent or turbulent manner; every person so offending, or who shall aid or assist in doing any unlawful act, shall be adjudged guilty of a misdemeanor, and shall be punished by imprisonment not exceeding one (1) year, or by fine, not exceeding five hundred dollars ($500.00), or both by fine and imprisonment, at the discretion of the court. (Rev. Stat., ch. 44, div. 8, art. 1, § 1; C. & M. Dig., $ 2799; Pope's Dig., $ 3503.]

41-1403. Disturbers failing to disperse - Penalty.--If two (2] or more persons assemble together for the purpose of disturbing the public peace or committing any unlawful act, and do not disperse on being directed or commanded so to do by the judge, justice of the peace, sheriff, coroner, constabe or other public officer, all persons so offending shall, on conviction thereof, be severally fined in any sum not less than ten ($10.00] nor more than one hundred dollars ($100] or imprisoned in the county jail not less than one (1) nor more than three (3) months, or both at the discretion of the court. (Act July 23, 1868, No. 59, § 2, p. 214; C. & M. Dig., $ 2773; Pope's Dig., § 3478.)

42-211. Unlawful assembly of three or more persons-Proclamation to disperse.- When three [3] or more persons shall be riotously, unlawfully or tumultuously assembled, as specified in the last preceding section ($ 41-1402), it shall be the duty of any judge, justice of the peace, sheriff, coroner or constable who shall have knowledge or be informed thereof, to make proclamation among the persons so assembled, or as near them as he can safely come, charging and commanding them immediately to disperse themselves, and peaceably to depart to their habitations or lawful business. [Rev. Stat., ch. 44, div. 8, art. 1, $ 2; C. & M. Dig., $ 3324; Pope's Dig., § 4172.)

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42-212. Disobedience to proclamation Authority of officer.-If upon such proclamation being made, the persons so assembled shall not immediately disperse and depart as commanded, or if they shall resist such officer or prevent the making such proclamation, such officer shall command those present, and the power of the county if necessary, and shall disperse such unlawful assembly, arrest the offenders and take them before some judicial officer, to be dealt with according to law. [Rev. Stat., ch. 44, div. 8, art. 1, § 3; C. & M. Dig., $ 3325; Pope's Dig., § 4173.)

42-213. Summoning militia.—If any persons so assembled shall be armed, or make forcible resistance to the officer so making, or attempting to make such proclamation, such officer shall summon to his aid a sufficient number of the militia, or other persons in arms, to disperse such assembly, arrest the offenders, and maintain the authority of the law. (Rev. Stat., ch. 44, div. 8, art. 1, § 4; C. &M. Dig., § 3326; Pope's Dig., § 4174.)

42–214. Duty to obey officer.-All militia officers and others, who shall be summoned under the provisions of this act, shall give prompt obedience to such officer. [Rev. Stat., ch. 44, div. 8, art. 1, § 5; C. & M. Dig., 3327, Pope's Dig., § 4175.)

42-215. Requiring security to keep the peace or for good behavior-When arrest made.--A person may be arrested for the purpose of requiring of him security to keep the peace, or for his good behavior, in the following cases:

First. Upon the complaint, on oath of a person threatened, to a magistrate, that the defendant has threatened to commit an offense against his person or property, and upon the magistrate being satisfied, by an examination on oath of the complainant or others, that there are reasonable grounds to fear the commission of the offense threatened.

Second. Upon information given, on oath, to a magistrate, by any person, that the defendant is about to commit violence endangering human life, or is about to commit an offense amounting to felony, and the magistrate is satisfied, by an examination, on oath, of the informant or others, that there are reasonable grounds for apprehending the commission of such violence or felony.

Third. When a magistrate or court is satisfied, by the conduct or words of person in the presence of such magistrate or court, or from proof given before such magistrate or court, that there are reasonable grounds for apprehending that such person will commit an offense against the person or property of another. [Crim. Code $ 371; C. & M. Dig., $ 3337; Pope's Dig., § 4185.]

42-216. Arrest of defendant.-If the defendant is in the presence of the court or magistrate, a peace officer shall be verbally directed by the court or magistrate to take him into custody. If not in the presence of a magistrate, he shall issue a warrant of arrest, directed to any peace officer of the county, city or town, commanding him to arrest the defendant and bring him before the magistrate. The complaint, information, or proof, shall be briefly recited in the warrant. (Crim. Code, $ 372; C. & M. Dig., 88 3338-3340; Pope's Dig., $$ 4186 4188.)

CALIFORNIA PENAL CODE § 404. Riots; definition

“Riot" defined. Any use of force or violence, disturbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two or more persons acting together and without authority of law, is a riot. (Enacted 1872.) § 404.6 Incitement to riot; punishment

Every person who with the intent to cause a riot does an act or engages in conduct which urges a riot, or urges others to commit acts of force or violence, or the burning or destroying of property, and at a time and place and under circumstances which produce a clear and present and immediate danger of acts of force or violence or the burning or destroying of property, is guilty of a misdemeanor.

This section shall not apply to, nor in any way affect, restrain, or interfere with, otherwise lawful activity engaged in by or on behalf of a labor organization or organizations by its members, agents or employees. (Added Stats. 1966, 1st Ex. Sess., c. 166, § i, urgency, eff. July 20, 1966.) $ 405. Riots; punishment

Every person who participates in any riot is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year,

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