Federal Civil Disorders - 18 U.S. Code § 231
18 U.S. Code 231 criminalizes actions that promote civil disorders, broadly defined as public disturbances involving violence by three or more individuals that pose an immediate threat of damage to property or persons, affect interstate commerce, or interfere with federally protected functions.
This law addresses obstructing law enforcement during such events. Its goal is to prevent disruptions to commerce by banning the preparation and direct interference with law enforcement during violent public disturbances, as outlined in Title 18, Chapter 12 of the U.S. Code.
All states have laws addressing acts of civil disorder (e.g., protests that become violent or impede government functions).
However, when the disorder involves federal government functions, disruption of interstate commerce or federal infrastructure, or the training in the use of weapons for these purposes, it becomes a federal crime.
If you are charged under this statute and convicted, you could face up to five years in federal prison.
Key Takeaways
- A civil disorder involves a public disturbance marked by acts of violence committed by three or more individuals, posing an immediate threat of or causing damage to property or harm to persons.
- A civil disorder also obstructs, delays, or adversely affects commerce or the movement of goods/commodities in commerce, or adversely affects the conduct or performance of any federally protected function.
- A related law, 18 U.S.C. § 2101, Federal Riot Act, prohibits inciting or organizing a riot by traveling or use of the mail or phone across state lines.
What Does Section 231 Say?
18 U.S. Code 231 - Civil disorders, says "(1) Whoever teaches or demonstrates to any other person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder which may in any way or degree obstruct, delay, or adversely affect commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function; or
(2) Whoever transports or manufactures for transportation in commerce any firearm, or explosive or incendiary device, knowing or having reason to know or intending that the same will be used unlawfully in furtherance of a civil disorder; or
(3) Whoever commits or attempts to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function-
Shall be fined under this title or imprisoned not more than five years, or both.
(b) Nothing contained in this section shall make unlawful any act of any law enforcement officer which is performed in the lawful performance of his official duties."
What Constitutes a "Civil Disorder"?
Under federal statutes, a "civil disorder" is not simply a peaceful protest or a large gathering that becomes loud. Legally, a civil disorder is defined as any public disturbance involving acts of violence by assemblages of three or more persons.
Crucially, this disturbance must cause an immediate danger of, or result in, damage or injury to the property or person of any other individual.
This definition draws a clear line between constitutionally protected First Amendment activity-such as picketing, marching, or chanting-and criminal conduct.
The presence of violence and the involvement of a group (three or more people) are the determining factors that elevate a situation to a civil disorder.
What Does Section 231 Prohibit?
Title 18 U.S.C. 231 outlines specific prohibited activities related to civil disorders. The law does not just criminalize rioting; it criminalizes specific actions that further or escalate the disorder. Specifically, the law prohibits the following:
- Teaching or demonstrating to others how to make or use a firearm or explosive capable of injury or death for the purpose of use in a civil disorder;
- Manufacturing or transporting such weapons across state lines with the knowledge they will be used in a civil disorder; and
- Obstructing any firefighter or law enforcement officer engaged in their official duties during a civil disorder that affects interstate commerce. This is the most commonly charged part of the statute.
What Factors Must Be Proven for a Conviction?
To secure a conviction under U.S.C. 231, a federal prosecutor must prove several distinct elements beyond a reasonable doubt:
- A civil disorder occurred (i.e., a violent public disturbance involving three or more people);
- The civil disorder obstructed, delayed, or adversely affected commerce or the movement of any article in commerce (this is what puts it in federal jurisdiction); and
- You interfered with or obstructed an officer or firefighter who was lawfully performing their official duties during the disorder; and/or
- You manufactured/used firearms or explosives to be used in such a disorder, or taught someone else how to make/use them.
The "commerce" element is a jurisdictional hook that allows the federal government to prosecute what might otherwise be a local crime.
Because almost all business activity involves interstate commerce, prosecutors often argue that any disruption to local businesses satisfies this requirement.
What are the Penalties for a Conviction?
A violation of U.S.C. 231 is a felony offense. The statute dictates that anyone convicted under this law can be:
- Fined up to $250,000; and/or
- Imprisoned for up to five years.
What are the Common Defenses Against Federal Civil Disorder Charges
Defending against these charges requires a strategic approach tailored to the specific facts of the incident. A skilled federal criminal defense attorney will evaluate the evidence to identify weaknesses in the government's case. Common defense strategies include the following.
First Amendment Protections
The line between free speech and civil disorder can be thin. A defense attorney may argue that your actions were protected speech or expressive conduct, rather than acts of violence or obstruction. Being present at a protest where others commit violence does not automatically make you guilty of civil disorder.
Lack of Intent
For charges involving teaching, demonstrating, or transporting weapons, the government must prove you intended or knew the items would be used unlawfully. If you were transporting legal firearms for a lawful purpose (such as self-defense or target practice) and had no knowledge of a plan to use them in a riot, this negates the intent element.
Challenges to "Lawful Performance"
The statute protects officers only when they are "lawfully engaged in the lawful performance" of their duties. If an officer used excessive force or violated department policy during the encounter, an attorney might argue that the officer was not acting lawfully. Therefore, you cannot be convicted of obstructing them under this specific statute.
Lack of Obstruction
Mere refusal to move or shouting at officers does not necessarily constitute physical obstruction or interference. The defense may argue that your conduct was passive and did not rise to the level of criminal interference required by the statute.
In summary, if you have been indicted for a civil disorder, contact our federal criminal defense lawyer firm at Eisner Gorin LLP for a case evaluation.
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