This act updates and clarifies federal penalties for participating in riots, with increased severity for acts involving violence or the assault of an officer.
Tom Cotton
Senator
AR
The Mitigating Extreme Lawlessness and Threats Act updates federal penalties for participating in riots under U.S. Code. This legislation clarifies sentencing guidelines based on the severity of the actions committed, including specific enhancements for violence or the assault of a federal officer. The bill aims to establish a clearer and more structured system for punishing riot-related offenses.
The aptly titled Mitigating Extreme Lawlessness and Threats Act is making major changes to the federal rulebook on riots, specifically Title 18, Section 2101. If you’ve ever wondered what the actual penalties are for federal riot offenses, this bill cleans up the old language and replaces it with a clear, tiered, and significantly harsher sentencing structure.
Under this proposal, a standard violation of the federal riot statute—meaning participating in the activity—now carries a penalty of a fine, up to ten years in prison, or both. This sets a serious baseline for anyone involved in activity the federal government deems a riot. The intent here is clearly to establish a high level of deterrence right out of the gate, making the consequences of involvement immediately clear and severe.
The penalties escalate quickly if the activity involves violence. If you commit an act of violence, or even help someone else commit violence while the riot activity is happening, the stakes go up. The penalty shifts to a fine, or a prison sentence of at least one year up to ten years, or both. Notice the key change here: the sentence now has a mandatory minimum of one year. This means if you’re convicted and violence was involved, the judge can’t just give you probation or a light sentence; you’re going to serve time. The bill doesn't define what constitutes "helping someone else commit violence," which leaves a lot of room for interpretation by prosecutors.
This is where the bill introduces its most dramatic change. If, during the riot activity, you assault a federal law enforcement officer or a member of the uniformed services, the penalties become extreme. You face a fine, or prison time for any length of years—but again, it must be at least one year—or you could get life in prison, or both. This provision effectively treats assaulting a federal officer during a riot with the same severity as some of the most serious federal crimes, raising serious questions about proportionality. For someone participating in a large, chaotic protest that turns violent, the potential for a life sentence if they are deemed to have assaulted an officer is a massive, life-altering risk.
For everyday people, especially those who participate in large-scale protests or civil disobedience, this bill completely resets the risk assessment. The severe escalation of penalties, particularly the introduction of a potential life sentence for assaulting an officer in this context, could have a significant chilling effect on the right to assembly. While clearer sentencing guidelines are technically a benefit, the sheer severity of the penalties—especially the broad inclusion of those who “help” commit violence—means that people need to be extremely cautious about any large gathering that could potentially be classified as a riot, even if their personal involvement is minimal and non-violent. This bill sends a clear message about the federal government’s intent to severely punish civil disorder.