Federal Racketeering Charges Now Apply to Arson and Bombing Threats: What That Means for Protest and Prosecution

This bill updates the federal definition of “racketeering activity” under the Racketeer Influenced and Corrupt Organizations (RICO) Act. Specifically, it adds acts defined in Section 2101 of Title 18—which covers threats involving arson and bombing—to the list of predicate offenses that can trigger a federal RICO charge. Essentially, if you’re involved in an enterprise that commits these specific acts, the feds can now hit you with the full weight of the RICO statute.

The RICO Hammer: Why This Matters

For most people, RICO is the law prosecutors use to take down the mob or massive drug operations. It’s a powerful tool because it allows federal agencies to prosecute a whole organization, not just the individual who pulled the trigger, and it carries severe penalties, including lengthy prison sentences and the forfeiture of assets. By adding threats of arson and bombing (Section 2101) to this list, the bill significantly expands the federal government’s ability to use this “super-charge” against groups involved in these specific crimes.

Think of it this way: Before this change, if a group threatened to bomb a building, they would face serious federal charges under Section 2101. Now, if that group can be linked to an “enterprise” (even a loose association) that commits two or more of these acts over a 10-year period, prosecutors can bypass the standard charges and go straight for RICO. This means broader investigations, easier asset seizure, and much tougher sentencing—a significant boost in prosecutorial power.

Where the Language Gets Tricky

While the bill’s title suggests it’s about “rioting,” the actual text provided focuses only on adding Section 2101 (arson and bombing threats) to the RICO definition. This distinction is crucial. Section 2101 is already a serious crime, but the concern is how this new power might be applied. If a protest involves a few individuals acting as an “enterprise” who make credible threats of arson, they could now face RICO charges, turning what might have been a state or standard federal case into a massive, complex racketeering investigation. This raises the stakes considerably for anyone involved in organized activity that could cross this line.

The Real-World Impact on Organizations

For everyday people, this change might seem distant, but it matters to anyone involved in any kind of organized advocacy or group activity. Say a local activist group organizes a series of disruptive protests against a construction project. If two members of that group, acting as part of the “enterprise,” are found to have made separate threats of arson or bombing related to the protests, the entire group could potentially be investigated under RICO. This is a massive legal leap, allowing prosecutors to treat localized acts of criminal threat as evidence of a sprawling, organized criminal enterprise. It’s a powerful deterrent, but also a tool that concentrates significant power in the hands of federal law enforcement.