A bill to amend title 18, United States Code, to include rioting in the definition of racketeering activity.

Key Points

• This bill would add rioting to the federal definition of racketeering activity under RICO (Racketeer Influenced and Corrupt Organizations Act). RICO was originally designed to dismantle organized crime networks like the mafia, and this change would extend those powerful tools to people involved in organizing riots.
• The bill was introduced by Sen. Cruz along with six Republican co-sponsors — Sens. Lee, Tillis, Hawley, Cornyn, Tuberville, and Hagerty — and has been referred to the Senate Judiciary Committee.
• If enacted, federal prosecutors could pursue RICO charges — which carry penalties of up to 20 years in prison and asset forfeiture — against people who organize, fund, or participate in a pattern of rioting activity. This is a major escalation from the existing federal riot statute, which carries a maximum of 5 years.
• Civil liberties groups are likely to raise concerns that expanding RICO to cover rioting could chill First Amendment-protected protest activity, since the federal riot statute (18 U.S.C. § 2101) has a broad definition that can encompass actions at protests that turn violent, even if a person's intent was peaceful.