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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 8:7. 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 guano, 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. 589.)
$ 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;
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.
Whoever, being of the crew of a vessel of the United States, on the high seas,
concerning attempts to damage or destroy real or personal property by fire or
"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 lise; 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, shali 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 § 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.)
ing or shri$ 22-311. Disorderly conduct in public buildings or grounds-Injury to or person
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 iel Tac? of Columbia, or who shall willfully injure the buildings or shrubs, or shall pull ses to be down, inpair, or otherwise injure any fence, wall, or other inclosure, or shall injure same it! any sink, culvert, pipe, hydrant, cistern, lamp, or bridge, or shall remove any be made, a stone, gravel, sand, or other property of the United States, or any other part of for the past the public grounds or lots belonging to the United States in the District of Columraidencial bia, shall
, upon conviction thereof, be fined not more than fifty dollars. (July 29, ich objecut' 1892, 27 Stat. 325, ch. 320, s 15.) -ne of
Acts of Coon
CODE OF ALABAMA, TITLE 14 $407. (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 and are alla ,
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, ind or Falme by fine and imprisonment in the county jail, or by imprisonment in the penitensets of (out tiary, for not less than two nor more than five years.
$ 410. (5442) (7723) (5475) Selling arms, etc., during riot in city, town or her place et 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 re incorsi immediately close their shops, or other places where such business is carried on 1, 3, 194, 1 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
$ 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
• Distried III, zki,
*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.
$ 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)