State by State Pending and Recently Passed #AntiProtestLaws: #Indiana

SB 471: New penalties for protests near critical infrastructure

Heightens the potential penalties for protests near oil and gas #pipelines and other infrastructure by creating the offenses of "criminal #infrastructure facility #trespass" and "#CriticalInfrastructure facility mischief." The law provides that an individual who knowingly enters a critical infrastructure facility without permission commits critical infrastructure facility trespass, a Level 6 #felony punishable by up to 30 months in prison. Under the law, recklessly or knowingly defacing such a facility constitutes critical infrastructure facility mischief, punishable by up to six years in prison as a Level 5 felony. In either case, the individual may additionally be liable to the property owner for damages, costs, and attorney's fees. An individual found to have conspired with someone who commits either offense may also be liable for a fine of $100,000. The law newly defines "critical infrastructure facility" under Indiana law to include a range of oil, gas, electric, water, telecommunications, and railroad facilities, as well as any "facility that is substantially similar" to one of the listed facilities.

Full text of bill: https://iga.in.gov/legislative/2019/bills/senate/471

Status: enacted

Introduced 14 Jan 2019; Approved by Senate 7 Feb 2019; Approved by House 25 March 2019; Signed by Governor Holcomb on 6 May 2019

Issue(s): #ProtestSupporters or Funders, #Infrastructure

SB 286: New criminal penalties for masked protesters

Would create a new offense for attending a public assembly while wearing a mask, and elevate disorderly conduct and rioting to felony offenses if committed by someone wearing a mask. The bill creates exemptions for masks worn for holidays, theater, religious purposes, medical purposes if prescribed by a doctor, and athletic events, but not protests. Under the bill, someone who wears a mask “while present at a public assembly” would commit a Class C misdemeanor (punishable by up to 60 days in jail) for a first offense but a Class A misdemeanor (up to one year and $5,000) for second and subsequent offenses. As written, the offense could cover a demonstrator who chooses to wear a mask to avoid contagion, to avoid retaliation for their political speech, or for any other reason, and who did not otherwise act unlawfully or have any intent to break a law. The offense would also seemingly cover bystanders “present” at a protest while masked. The bill would convert disorderly conduct and rioting—both broadly defined by Indiana law and typically misdemeanor offenses—into Level 6 felonies (up to two and a half years in prison and $10,000) if committed by someone in a mask. “Disorderly conduct,” for instance, covers someone who recklessly, knowingly, or intentionally “makes unreasonable noise and continues to do so after being asked to stop.” As such, someone who chooses to wear a mask while participating in a peaceful but noisy protest could face felony charges.

Full text of bill:
https://iga.in.gov/legislative/2025/bills/senate/286/details

Status: pending

Introduced 13 Jan 2025.

Issue(s): Face Covering, Riot

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #TrafficInterference #MaskBans

State by State Pending and Recently Passed #AntiProtestLaws: #Florida

HB 275 / SB 340: New penalties for protests near gas and oil #pipelines

Creates a new felony offense for trespassing that could cover some protests near pipelines and other infrastructure that do not involve actual property damage. The law broadly defines “#CriticalInfrastructure” to include above or belowground pipelines, as well as a range of other gas, electricity, water, mining, and telecommunications facilities. Under the law, entering onto critical infrastructure property with notice that such entrance was prohibited is a 3rd degree felony offense. As such, protesters who cause no damage but merely enter onto posted property that contains a pipeline in the course of their protest could face felony charges and up to 5 years in prison if convicted. By contrast, trespassing onto private property is generally a 2nd degree misdemeanor, punishable by at most 60 days in jail. The House bill as originally also created an overbroad “improper tampering” felony offense, which would have included any unauthorized action to “change…the physical condition of the property or any portion thereof,” or to “knowingly and intentionally… deface” critical infrastructure property, but these provisions were removed by amendment.

Full text of bill: https://www.flsenate.gov/Session/Bill/2022/1435/?Tab=BillHistory

Status: enacted

Introduced 25 Oct 2023; Approved by House 22 February 2024; Approved by Senate 28 February 2024; Signed by Governor #DeSantis 17 May 2024

Issue(s): Infrastructure, #Trespass

HB 1435/SB 1954: Charging protest organizers for the costs of responding to a protest

Would allow local authorities to require protest organizers to pay for "all relevant costs and fees associated with designating and enforcing" the zone established for a "special event," "including, but not limited to, costs and fees for the provision of supplemental law enforcement and sanitation services." While the bill's sponsors indicate that it was motivated by large, disruptive "pop-up" gatherings of cars like the "Daytona Truck Meet," it is written broadly enough to cover street protests and demonstrations. The bill defines a "special event" as an "unpermitted temporary activity or event organized or promoted via a social media platform" which is attended by 50 or more persons and substantially increases or disrupts the normal flow of traffic on a roadway, street, or highway." The bill also authorizes law enforcement to "enforce occupancy limits" in "special event zones"; which if applied to protests could allow police could limit the number of protest participants in a certain area.

Full text of bill: https://www.flsenate.gov/Session/Bill/2022/1435/?Tab=BillHistory

Status: enacted

Introduced 10 Jan 2022; Approved by House 2 March 2022; Approved by Senate 4 March 2022; Approved by Governor DeSantis 26 May 2022

Issue(s): Security Costs

HB 1/SB 484: Expanded definition of "#riot" and new penalties for #protesters

**Note: Provisions of HB1 related to the law's new definition of "riot" were preliminarily enjoined by a federal district judge on September 9, 2021, temporarily blocking enforcement of those provisions.**

Enlarges the legal definition of "riot," a 3rd degree felony, to include any group of three or more individuals whose shared intent to engage in disorderly and violent conduct results in "imminent danger" of property damage or personal injury, or actual damage or injury. Notably, the new definition does not require that the individuals' conduct be disorderly or violent, or that they commit any actual damage or injury. Under the new law, a "riot" consisting of 25 or more people, or one that "endangers the safe movement of a vehicle," is automatically an "aggravated riot," a new 2nd degree felony offense under the law. As such, large groups of protesters or ones that block traffic, even temporarily, could face up to 15 years in prison. Under the new law, "inciting" someone to participate in a riot is a 3rd degree felony, punishable by 5 years in prison. The law also creates a new criminal offense of "mob intimidation," defined as a group of three or more people who act with a "common intent" to compel "or attempt to compel" another person to "do or refrain from doing any act," or "assume, abandon, or maintain a particular viewpoint" against their will. The offense is a first degree misdemeanor, punishable by up to one year in jail. The law creates a new 3rd degree felony offense, punishable by up to 5 years in prison, for anyone who "willfully and maliciously #defaces, injures, or otherwise damages by any means" #statues, #flags, #paintings, displays, or other "#memorials" and the value of the damage is more than $200. As "deface" is not defined, protesters who apply paint or graffiti to a monument in the course of a peaceful protest could face up to 5 years in prison. The law may encourage violence against protesters by creating a new affirmative defense in civil lawsuits for personal injury, death, or property damage, such that a defendant can avoid liability by establishing that the injury, death, or damage they committed "arose from" conduct by someone "acting in furtherance of a riot." Finally, the law creates a new civil right of action against a municipal government that fails to "respond appropriately to protect persons and property during a riot or unlawful assembly," making them civilly liable for damages, including personal injury or property damage. These provisions may encourage municipal governments to adopt overly aggressive law enforcement responses to protests in order to avoid lawsuits.

Full text of bill: https://www.flsenate.gov/Session/Bill/2022/1435/?Tab=BillHistory

Status: enacted

Introduced 6 Jan 2021; Approved by House 26 March 2021; Approved by Senate 15 April 2021; Signed by Governor DeSantis 19 April 2021

Issue(s): Protest Supporters or Funders, Driver Immunity, #PoliceResponse, Riot, #TrafficInterference, State Liability, #StandYourGround

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #PipelineProtests #CriminalizingDissent #AntiProtestLaws

State by State Pending and Recently Passed #AntiProtestLaws: #Arkansas

HB 1508: New penalties for# protesters who block #traffic, "#riot", or damage #monuments

As enacted, the law increases the penalty for obstructing a "public passage", from a Class C to a Class A misdemeanor. As such, an individual in a protest that makes a sidewalk "impassable to pedestrian... traffic" could face up to one year in jail. The law also creates a new mandatory minimum sentence of 30 days in jail for "rioting", and requires restitution for any injury or damage as a result of the offense. Rioting is defined in Arkansas to include engaging with two or more persons in "tumultuous" conduct that creates a "substantial risk" of "public alarm." The law requires that a person convicted of inciting a riot likewise pay restitution for any injury or damage as a result of the offense. The law provides that the state Attorney General may initiate an investigation into cases of riot, inciting riot, and obstructing a highway or other public passage. Finally, the law amends the definition of "act of terrorism" under Arkansas law, to include any act that causes "substantial damage" to a public "monument." It is not clear whether graffiti or other painting applied to a monument as part of a protest could comprise a terrorist act under the new law.
Full text of bill: https://www.arkleg.state.ar.us/Bills/Detail?id=HB1508&ddBienniumSession=2021%2F2021R&Search=

Status: enacted

Introduced 22 Feb 2021; Approved by House 19 April 2021; Approved by Senate 22 April 2021; Signed by Governor Hutchinson 29 April 2021

Issue(s): Riot, Terrorism, #TrafficInterference

HB 1321: New penalties for protests near gas and oil pipelines

Introduces harsh new penalties for protestors around gas and oil pipelines and other "critical infrastructure." The law broadly defines "critical infrastructure" to include a range of posted or fenced-off areas associated with natural gas and crude oil production, storage, and distribution, including above and below ground pipelines as well as #pipeline construction sites and equipment. Under the law, purposely entering or remaining on any "#CriticalInfrastructure" is a Class D felony, punishable by up to 6 years in prison and a $10,000 fine. Separately, the law provides that trespassing on property outside of a city or town, regardless of whether it is posted, is a Class D felony if the property is "critical infrastructure." In nearly all other cases, trespass is a misdemeanor or minor violation. The law also creates a felony offense for anyone who purposely and unlawfully "causes damage" to critical infrastructure. Any amount of "damage," which the law does not define is a Class B felony under the law, punishable by 20 years in prison and a $15,000 fine. Under the law, protesters who hold a peaceful sit-in at a pipeline construction site and paint protest slogans on construction material, for instance, could face lengthy prison sentences.

Full text of bill: https://arkleg.state.ar.us/Bills/Detail?id=hb1321&ddBienniumSession=2021%2F2021R&Search=

Status: enacted

Introduced 27 Jan 2021; Approved by House 9 March 2021; Approved by Senate 1 April 2021; Signed by Governor Hutchinson 14 April 2021

Issue(s): Infrastructure, Trespass

HB 1578: Expanded Civil Liability for Those Who Incite a Riot and Criminal Penalties for Obstructing First Responders

Creates a civil cause of action for a person who is injured or has property damaged as a "direct or indirect" result of a "riot" against a person who commits "riot" or a person or entity who incites a riot. Arkansas law defines both "riot" and "incitement" broadly, creating potential liability for protesters or organizations who are interpreted to have urged others to have engaged in tumultuous or violent conduct.

Full text of bill: https://arkleg.state.ar.us/Bills/Detail?id=HB1578&ddBienniumSession=2017%2F2017R

Status: enacted

Introduced 17 Feb 2017; Passed by House 2 March 2017; Passed by Senate 27 March 2017; Signed by Governor 6 April 2017.

Issue(s): Civil Liability, Protest Supporters or Funders, Riot

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #CriminalizingDissent #AntiProtestLaws #CivilWarMonuments #Racism

State by State Pending and recently passed #AntiProtestLaws: #Alabama

#HB412: Felony penalties for #protesters near gas and oil #pipelines

Would substantially increase existing penalties that could cover protesters who demonstrate on pipeline property. Under the bill, unauthorized entry onto “critical infrastructure,” which includes pipelines, would be a Class D felony punishable by at least one and up to five years in prison, rather than a serious misdemeanor. As such, demonstrators who enter onto pipeline property could face felony arrest and significant prison time. The trespass offense covers entry onto areas of “#CriticalInfrastructure” that are not posted against trespassing or enclosed by a physical barrier, if any authorized person forbids entry.

See full text of bill here:
https://legiscan.com/AL/bill/HB412/2025

Status: pending
Introduced 6 Mar 2025.
Issue(s): Infrastructure, Trespass

SB 247: New penalties for #StreetProtesters

Would create a new criminal offense that could cover protesters who demonstrate in the street or obstruct access to businesses and residences. The bill, which focuses on targeted residential picketing, also broadly prohibits protesters from “block[ing] any public road, the ingress or egress of any residence, or the ingress or egress of any place of employment while #picketing or protesting.” The prohibition would seemingly cover a large street protest, regardless of whether it actually interfered with traffic, as well as a large protest in an urban area that even temporarily blocked the entrance to a shop or apartment building. A first offense would be a Class C misdemeanor (up to three months in jail), and subsequent offenses would be a Class B misdemeanor (up to six months in jail).

Full text of bill here: https://legiscan.com/AL/bill/SB247/2025

Status: pending
Introduced 18 Mar 2025.
Issue(s): Traffic Interference

SB 152: New controls on protest locations and costs for protest organizers

Allows municipalities in Lauderdale County to control where protesters may gather, and charge them expansive fees for a permit. Under the law, municipalities may prohibit spontaneous protests in public forums by requiring protesters to obtain permits in certain circumstances, including if the demonstration "will involve more than a certain number of individuals participating, as established by the municipality." The law also allows municipalities to charge protester organizers a permit fee that includes "the actual cost of cleanup," "the actual cost of the use of #LawEnforcementOfficers," and "any other actual administrative cost incurred by the municipality."

Full text of bill here: https://alisondb.legislature.state.al.us/Alison/SESSBillStatusResult.ASPX?BILL=SB152&WIN_TYPE=BillResult

Status: enacted
Introduced 21 Feb 2021; Approved by Senate 16 March 2021; Approved by House 13 April 2021; Signed by Governor Ivey 27 April 2021

Issue(s): Security Costs

SB 17 / HB 21: New Penalties for Protests Near Gas and Oil Pipelines

Expands the definition of "critical infrastructure" under Alabama law to include pipelines and mining operations, such that protesters who enter onto pipeline property could face steep penalties. Preexisting Alabama law prohibited individuals from unauthorized entry onto critical infrastructure, defined as intentionally entering a posted area of critical infrastructure; the offense is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $6,000. Under this law, if a person interrupts or interferes with the operations of critical infrastructure while trespassing, they would additionally be guilty of a Class C felony, punishable by at least one and up to ten years in prison. This law also expanded the definition of "person" to include nonprofits, creating the possibility that nonprofits who provide support or organizing for #environmental protests near critical infrastructure where individuals then #trespass could face organizational liability. The draft law was pre-filed for the 2022 legislative session in September 2021. It is nearly identical to HB 516 introduced in 2021.

Full text of bill here: https://legiscan.com/AL/bill/SB17/2022

Status: enacted

Introduced 11 Jan 2022; Approved by Senate 1 February 2022; Approved by House 10 February 2022; Signed by Governor Ivey 15 February 2022

Issue(s): Protest Supporters or Funders, Infrastructure, Trespass