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Under these circumstances we would like to request permission to testify before this Sub-committee in opposition to the bill, one week to ten days hence so that we might be able to prepare our complete legal and political objections. Thank you for your consideration. Sincerely yours,

Bob Greenblatt

Professor ROBERT GREENBLATT,

National Coordinator, National Mobilization. Mr. WHITENER. We will now go into executive session,

(Whereupon, at 12:00 noon, the Subcommittee proceeded into executive session.)

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STATE AND FEDERAL LAWS ON RIOT

THE LIBRARY OF CONGRESS LEGISLATIVE REFERENCE SERVICE,

WASHINGTON, D.C.

By Robert L. Thornton and Bayard Marin, Legislative Attorneys, American

Law Division, August 22, 1967

TABLE OF CONTENTS

Page

Introduction...

31

United States Code, Title 18..

32

District of Columbia Code

34

Code of Alabama, Title 14

35

Alaska Statutes Annotated.

36

Arizona Revised Statutes

37

Arkansas Statutes Annotated

37

California Penal Code

38

Colorado Revised Statutes..

39

Connecticut General Statutes Annotated.

40

Delaware Code Annotated, Title 11.

40

Florida Statutes Annotated..

41

Georgia Code Annotated.

41

Revised Laws of Hawaii, Title 31.

41

Idaho Code Annotated

42

Illinois Annotated Statutes, Title 38

42

Indiana Statutes Annotated

43

Iowa Code Annotated.

43

Kansas Statutes Annotated.

44

Kentucky Revise 1 Statutes.

44

Maine Revised Statutes Annotated, Title 17.

Minnesota Statutes Annotated

45

Vernon's Annotated Missouri Statutes

46

Revised Code of Montana

46

Revised Statutes of Nebraska.

46

Nevada Revised Statutes..

48

New Hampshire Revised Statutes Annotated

48

New Jersey Statutes

49

New York Penal Law

50

North Dakota Century Code.

51

Page's Ohio Revised Code Annotated

53

Oklahoma Statutes Annotated, Title 21..

54

Oregon Revised Statutes

55

Purdon's Pennsylvania Statutes Annotiated, Title 18

56

General Laws of Rhode Island.

56

Code of Laws of South Carolina..

57

South Dakota Code of 1939.

Vernon's Texas Penal Code

Utah Code Annotated

59

Vermont Statutes Annotated, Title 13

Code of Virginia..

61

Revised Code of Washington.

62

West Virginia Code.

Wyoming Statutes.

64

Appendix A--State Provisions Retaining the Common Law in Those States Without Specific Riot

Provisions..

64

1, Maryland

64

2. Massachusetts

3. Michigan

65

4. Mississippi

5. New Mexico.

6. North Carolina.

65

7. Tennessee

65

8. Wisconsin (Retains Common Law Criminal Procedure With Limitations But Abolishes

Common Law Crimes)

65

Appendix B-House Report 472, 90th Congress-“Penalties For Inciting Riots".

65

STATE AND FEDERAL LAWS ON Riots

INTRODUCTION

The Federal response to riots in the States is of necessity a limited one because
the Federal Government is one of limited, or delegated, powers. Article I\', Section

31

4 of the Constitution requires the Federal Government to protect each of the States against domestic violence upon application of the Legislature, or of the Executive, when the Legislature cannot be convened. This power and that of the President to use troops in a State to enforce Federal laws are considered in an American Law Division paper entitled: "Power of The President to Use Troops to Deal With Disorders Arising Within the States-Some Selected Materials” A-208-413/228.

The principal purpose of this paper is to set forth the statutes which punish riot or inciting to riot in those forty-one States which have such laws and the Federal Statutes and laws of the District of Columbia which might pertain to riotous conduct. The fact that there are nine States which do not have statutes which specifically make riot or incitement to riot a crime does not warrant the conclusion that such States are inadequately equipped to deal with those who engage in riotous conduct. Seven of these nine States have retained the common law with its criminal penalties for riot and all of the States have laws punishing disorderly conduct, breach of the peace, arson, larceny, assault, battery, manslaughter, murder and the like. These are the crimes which have made a shambles of portions of our cities during the recent riots and no State is without laws to punish them.

The presence or absence of State laws dealing specifically with riot need not be considered in framing a Federal law to punish rioting or inciting to riot. Unless, perhaps, there has been a continued failure in a particular State to protect its population from the results of riots, the absence of a State statute punishing riot would not ordinarily furnish the Congress with a constitutional basis for punishing purely local rioters or inciters to riot. The decision to be made by the Congress is whether, in the exercise of one or another of its delegated powers, e.g., the commerce power, it can frame a law which will assist the States in preventing or controlling riots without at the same time raising any false hopes that State efforts may be relaxed and without interfering with any rights of individuals or States guaranteed by other provisions of the Constitution.

On July 19, 1967, the House of Representatives passed H.R. 421 which provides a $10,000 fine or five years imprisonment or both upon conviction of using any facility of interstate commerce "with intent to—incite a riot, or to organize, promote, encourage, or carry on a riot ..." and thereafter performing or attempting to perform any overt act organizing, promoting, encouraging or carrying on a riot. Punishment of rioters who had not come from out of state with the intention of inciting would remain the sole province of the States and localities. The report of the House Committee on the Judiciary on H. R. 421 (H. Rept. 472) is reproduced as Appendix B.

UNITED STATES Code, Title 18 87. Special maritime and territorial jurisdiction of the United States defined.

The term “special maritime and territorial jurisdiction of the United States", as used in this title, includes:

(1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.

(2) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line.

(3) Any lands, reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.

(4) Any island, rock, or key containing deposits of gnano, which may, at the discretion of the President, be considered as appertaining to the United States.

(5) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, Territory, district, or possession thereof, while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. (June 25, 1948, ch. 645, 62 Stat. 685; July 12, 1952, ch. 695, 66 Stat. 559.)

$ 13. Laws of States adopted for areas within Federal jurisdiction.

Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of alike offense and subject to alike punishment. (June 25, 1948, ch. 645, 62 Stat. 686.) § 1792. Mutiny, riot, dangerous instrumentalities prohibited.

Whoever instigates, connives, willfully attempts to cause, assists, or conspires to cause any mutiny or riot, at any Federal penal or correctional institution, or without the knowledge or consent of the warden or superintendent, conveys into such institution, or from place to place therein any tool, device, or substance designed to cut, abrade, or destroy the materials, or any part thereof, of which any building of such institution is constructed, or any other substance or thing designed to injure or destroy any building, or any part thereof, of such institution; or

Whoever conveys into such institution, or from place to place therein, any firearm, weapon, explosive, or any lethal or poisonous gas, or any other substance or thing designed to kill, injure, or disable any officer, agent, employee, or inmate thereof, or conspires so to do

Shall be imprisoned not more than ten years. (June 25, 1948, ch. 645, 62 Stat. 786.) $ 2193. Revolt or mutiny of seamen.

Whoever, being of the crew of a vessel of the United States, on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, unlawfully and with force, or by fraud, or intimidation, usurps the command of such vessel from the master or other lawful officer in command therof, or deprives him of authority and command on board, or resists or prevents him in the free and lawful exercise thereof, or transfers such authority and command to another not lawfully entitled thereto, is guilty of a revolt and mutiny, and shall be fined not more than $2,000 or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 800) $ 837. Explosives; illegal use or possession; and, threats or false information

concerning attempts to damage or destroy real or personal property by fire or

explosives. (a) As lised in this section-

"commerce” means commerce between any State, Territory, Commonwealth, District, or possession of the United States, and any place outside thereof; or between points within the same State, Territory, or possession, or the District of Columbia, but through any place outside thereof; or within any Territory, or possession of the United States, or the District of Columbia ;

explosive" means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuzes (other than electric circuit breakers), detonators, and other detonating agents, smokeless powders, and any chemical compounds or mechanical mixture that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities, or packing that ignition by fire, by friction, by concussion, by percussion, or by detona

tion of the compound or mixture or any part thereof may cause an explosion. (b) Whoever transports or aids and abets another in transporting in interstate or foreign commerce any explosive, with the knowledge or intent that it will be used 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; and if personal injury results shall be subject to imprisonment for not more than ten years or a fine of not more than $10,000, or both; and if death results shall be subject to imprisonment for any term of years or for life, but the court may impose the death penalty if the jury so recommends.

(c) The possession of an explosive in such a manner as to evince an intent to use, or the use of, such explosive, to damage or destroy any building or other real or personal property used for educational, religious, charitable, residential, business, or civic objectives or to intimidate any person pursuing such objectives, creates rebuttable presumptions that the explosive was transported in interstate or foreign commerce or caused to be transported in interstate or foreign commerce 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. 86-419, title II, § 203, May 6, 1960, 74 Stat. 87.)

DISTRICT OF COLUMBIA CODE

$ 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, $ 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.)

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