---
kind: "section"
citation: "18 U.S.C. § 2101"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "2101"
heading: "Riots"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/2101"
units:
  - "Part I — Crimes"
  - "Chapter 102 — Riots"
---

# §2101. Riots

- (a) [Whoever](/usc/18/921.md?p=a-1) travels in [interstate or foreign commerce](/usc/18/921.md?p=a-2) or uses any facility of [interstate or foreign commerce](/usc/18/921.md?p=a-2), including, but not limited to, the mail, telegraph, telephone, radio, or television, with intent—
  - (1) [to incite a riot](/usc/18/2102.md?p=b); or
  - (2) [to organize, promote, encourage, participate in, or carry on a riot](/usc/18/2102.md?p=b); or
  - (3) to commit any act of violence in furtherance of a [riot](/usc/18/2102.md?p=a); or
  - (4) to aid or abet any [person](/usc/18/229F.md?p=5) in inciting or participating in or carrying on a [riot](/usc/18/2102.md?p=a) or committing any act of violence in furtherance of a [riot](/usc/18/2102.md?p=a);

  and who either during the course of any such travel or use or thereafter performs or attempts to perform any other overt act for any purpose specified in subparagraph (A), (B), (C), or (D) of this paragraph—[^1]

  Shall be fined under this title, or imprisoned not more than five years, or both.

- (b) In any prosecution under this section, proof that a defendant engaged or attempted to engage in one or more of the overt acts described in subparagraph (A), (B), (C), or (D) of paragraph (1) of [subsection (a)](#a)[^2] and (1) has traveled in [interstate or foreign commerce](/usc/18/921.md?p=a-2), or (2) has use of or used any facility of [interstate or foreign commerce](/usc/18/921.md?p=a-2), including but not limited to, mail, telegraph, telephone, radio, or television, to communicate with or broadcast to any [person](/usc/18/229F.md?p=5) or group of [persons](/usc/18/229F.md?p=5) prior to such overt acts, such travel or use shall be admissible proof to establish that such defendant traveled in or used such facility of [interstate or foreign commerce](/usc/18/921.md?p=a-2).
- (c) A judgment of conviction or acquittal on the merits under the laws of any [State](/usc/18/31.md?p=a-9) shall be a bar to any prosecution hereunder for the same act or acts.
- (d) Whenever, in the opinion of the [Attorney General](/usc/18/841.md?p=k) or of the appropriate [officer](/usc/18/202.md?p=c) of the Department of Justice charged by law or under the instructions of the [Attorney General](/usc/18/841.md?p=k) with authority to act, any [person](/usc/18/229F.md?p=5) shall have violated this chapter, the Department shall proceed as speedily as possible with a prosecution of such [person](/usc/18/229F.md?p=5) hereunder and with any appeal which may lie from any decision adverse to the Government resulting from such prosecution.
- (e) Nothing contained in this section shall be construed to make it unlawful for any [person](/usc/18/229F.md?p=5) to travel in, or use any facility of, [interstate or foreign commerce](/usc/18/921.md?p=a-2) for the purpose of pursuing the legitimate objectives of organized labor, through orderly and lawful means.
- (f) Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any [State](/usc/18/31.md?p=a-9), any possession or Commonwealth of the [United States](/usc/18/229F.md?p=9), or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section; nor shall anything in this section be construed as depriving [State](/usc/18/31.md?p=a-9) and [local law enforcement authorities](/usc/18/921.md?p=a-36) of responsibility for prosecuting acts that may be violations of this section and that are violations of [State](/usc/18/31.md?p=a-9) and local law.

## Footnotes

[^1]: So in original. Probably should be “paragraph (1), (2), (3), or (4) of this subsection—”.
[^2]: So in original. Probably should be “paragraph (1), (2), (3), or (4) of subsection (a)”.

## Source credit

(Added Pub. L. 90–284, title I, § 104(a), Apr. 11, 1968, 82 Stat. 75; amended Pub. L. 99–386, title I, § 106, Aug. 22, 1986, 100 Stat. 822; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(f)(15), Oct. 11, 1996, 110 Stat. 3500.)

## Notes

### Editorial Notes

### Amendments

1996—Subsec. (a). Pub. L. 104–294 struck out par. (1) designation and redesignated subpars. (A) to (D) as pars. (1) to (4), respectively.

1994—Subsec. (a)(1). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.

1986—Subsec. (d). Pub. L. 99–386 struck out “; or in the alternative shall report in writing, to the respective Houses of the Congress, the Department’s reason for not so proceeding” after “such prosecution”.
