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Federal Criminal Laws Applicable to Rioting,
Property Destruction, and Related Conduct
June 11, 2020
In the days after George Floyd was pronounced dead following his arrest by Minneapolis law
enforcement officers, widespread demonstrations and protests occurred in dozens of American cities.
News accounts have described the majority of that activity to have been peaceful, and such activity is
beyond the scope of this Sidebar. However, some cities also experienced rioting, property destruction, and
related activity. For example, news reports have documented incidents of individuals throwing fireworks
and other objects at police officers, vandalizing property, and setting fires. There have also been reports of
looting. In several instances, shootings, including shootings involving police officers, have occurred. In
Washington, DC, some of the damage extended to federa] property, such as the Lincoln Memorial and the
World War Two Memorial. In the aftermath of Floyd's death, on May 30, 2020, Attorney General
William Barr stated that the Department of Justice (DOJ) would prosecute those who violate federal laws
applicable to rioting. DOJ has already brought a variety of charges for such conduct that occurred
following Floyd's death. Although state criminal laws likely govern much of the rioting and related
activity described above, given the interest expressed by some Members in the incidents surrounding and
following the death of George Floyd and Congress's ability to legislate in this area, this Legal Sidebar
examines some of the federal criminal statutes that may be relevant to rioting, property destruction, and
related conduct. Specifically, this sidebar discusses, in order: (1) The Anti-Riot Act, (2) the civil
disorder statute, (3) arson and explosives statutes, and (4) statutes proscribing certain conduct with
respect to federal property. This Sidebar does not address issues surrounding law enforcement reform,
which is a topic discussed in separate CRS products.
The Anti-Riot Ad
Some of the destruction and violence following Floyd's death could violate the federal anti-riot act. It
imposes fines and up to five years of imprisonment for traveling in, or using a facility of, interstate
commerce with intent to do one of four activities: (1) incite a riot, (2) organize, promote, encourage, or
participate in, or carry on a riot, (3) commit any act of violence in furtherance of a riot, or (4) aid or abet
any person in such activities. The statute defines riots as a public disturbance involving violent acts, or
certain threats of violence, by at least one individual who is part of an assemblage of three or more
persons, where such acts or threats result in, or constitute a clear and present danger of, property
damage or injury to another. The statute defines inciting, organizing, promoting, encouraging,
Congressional Research Service
https://crsreports.congress.gov
LSB10493
CRS Lega i&sebar
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