A bill to amend title 18, United States Code, to include rioting in the definition of racketeering activity.
- Bill Number
- S. 2376
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-07-22: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-06-11T12:29:42Z
AI-Generated Summary
Purpose of the Legislation
This bill, S. 2376, aims to expand the federal Racketeer Influenced and Corrupt Organizations (RICO) Act by classifying rioting as a form of racketeering activity. RICO is a law that targets organized criminal enterprises through patterns of illegal acts. By including rioting, the bill seeks to enable stronger federal prosecution of groups or individuals involved in organized riots.
Key Provisions
- Amendment to RICO Definition: The bill modifies Section 1961(1) of Title 18, United States Code (the part of federal law defining crimes), by adding "section 2101 (relating to riots)" to the list of offenses considered "racketeering activity."
- Section 2101 is the existing federal anti-riot law, which criminalizes inciting, organizing, or participating in riots that involve violence or threats to public safety across state lines or on federal property.
- The change is a single, targeted insertion into the existing list of predicate offenses (specific crimes that can trigger RICO charges).
Significant Changes to Existing Law
- Expansion of RICO's Scope: Previously, RICO applied to a defined list of crimes like murder, extortion, and gambling. This bill adds rioting as a new predicate offense, allowing prosecutors to use RICO's tools—such as asset forfeiture, triple damages in civil suits, and charges for conspiracy—even for riot-related activities that form a "pattern" (at least two acts within 10 years).
- No other alterations to RICO or the anti-riot statute are made; the focus is solely on linking the two.
Potential Impacts
- On Government Agencies: The Department of Justice (DOJ) and federal law enforcement (e.g., FBI) could pursue more RICO cases against organized rioting, potentially increasing resources needed for investigations but also enhancing tools to dismantle groups behind riots.
- On Citizens: Individuals or groups accused of rioting could face harsher federal penalties, including longer prison terms (up to 20 years per RICO count) and civil liabilities. This might deter participation in violent unrest but could also chill lawful protests if misapplied.
- On International Relations: Minimal direct impact, as the bill focuses on domestic crimes; however, it could indirectly affect U.S. credibility in discussions on protest rights if perceived as overly punitive.
Main Stakeholders Affected
- Law Enforcement and Prosecutors: Gain broader authority to combat organized violence, such as during civil unrest.
- Individuals and Groups Involved in Protests or Riots: Face increased risk of federal charges, particularly if activities are deemed "organized" (e.g., activist networks or political movements).
- Civil Rights Organizations: May advocate against the bill, arguing it could infringe on First Amendment rights to assembly and speech.
- State and Local Governments: Could see a shift of riot-related cases to federal courts, reducing their sole jurisdiction in some instances.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens federal intervention in what are often state-level riot prosecutions, potentially leading to more uniform enforcement but raising questions about federal overreach into local policing.
- Constitutional Implications: Could spark debates on free speech and assembly under the First Amendment, as distinguishing between protected protests and criminal riots might be challenging in court. No explicit safeguards are added to prevent misuse against non-violent dissent.
- Political Implications: Introduced by Republican senators (e.g., Cruz, Lee), it reflects a push for tougher responses to recent unrest (e.g., post-2020 protests), potentially polarizing debates on public order versus civil liberties without altering core democratic processes.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (13)
Sen. Lee, Mike [R-UT], Sen. Tillis, Thomas [R-NC], Sen. Hawley, Josh [R-MO], Sen. Cornyn, John [R-TX], Sen. Tuberville, Tommy [R-AL], Sen. Hagerty, Bill [R-TN], Sen. Moody, Ashley [R-FL], Sen. Blackburn, Marsha [R-TN], Sen. Kennedy, John [R-LA], Sen. Budd, Ted [R-NC], Sen. Britt, Katie Boyd [R-AL], Sen. Banks, Jim [R-IN], Sen. Moreno, Bernie [R-OH]
Recent Actions
- 2025-07-22: Read twice and referred to the Committee on the Judiciary.
- 2025-07-22: Introduced in Senate
Bill Versions
- To amend title 18, United States Code, to include rioting in the definition of racketeering activity. — issued 2025-07-22 — PDF (1 pages)