|
RDL Homepage |
Table of Contents |
Document Information |
Download Instructions |
APPENDIX B
PUBLICATION EXTRACT
TITLE 10 US CODE, CHAPTER 15
Section 331. Federal Aid for State Governments.
Whenever there is a disturbance in any state against its government, the President may, upon request of its legislature or of its governor if the legislature cannot be assembled, call into federal service militia from other states. He may send as many as he considers necessary to stop the disturbance.
Section 332. Use of the Militia and Armed Forces to Enforce Federal Authority.
Whenever the President considers that unlawful disturbances, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any state or territory by the ordinary course of judicial proceedings, he may call into federal service such of the militia of any state, and use such of the armed forces as he considers necessary to enforce those laws or to stop the rebellion.
Section 333. Interference with State and Federal Law.
The President, by using the militia or the armed forces, or both, by any other means, shall take measures as he considers necessary to stop any disturbance, domestic violence, or conspiracy if it--
(1) so hinders the execution of the laws of that state, and of the United States within the states, that any or part or class of its people are deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that state are unable, fail, or refuse to protect that right, privilege, or immunity, or to give the protection; or
(2) opposes or obstructs the execution of the laws of the United States or slows down the course of justice under those laws.
In any situation covered by clause (1), the state shall be considered to have denied the equal protection of the laws secured by the Constitution.
Section 334. Proclamation to Disperse.
Whenever the President considers it necessary to use the militia or the armed forces under this chapter, he shall, by proclamation, immediately order the troublemakers to leave and retire peaceably to their homes within a limited time.
OTHER PROVISIONS
AMENDMENT X, Constitution of the United States
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
18 US CODE,
Section 1385. Use of the Army and Air Force as Posse Comitatus.
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, wilfully uses any part of the Army or the Air Force as posse comitatus or otherwise to execute the laws shall be fined not more than $10,000 or imprisoned not more than two years, or both.
Valid and complete criminal laws are an important part of any effective law enforcement operation. This is especially true for police activities designed to prevent or control a violent civil disturbance.
In accordance with the Constitutional framework, most criminal laws must be made by various state legislatures. Though a few uniform laws have been passed, few state criminal statutes are the same. Some state criminal codes define many offenses, in addition to the so-called common law crimes. Any individual or agency, with police functions in a state, should check the state criminal code for the types of conduct that are prohibited.
All federal law enforcement officials face problems in finding all applicable laws in their areas. The answer is not in any one book.
The federal government is constitutionally limited in the sort of criminal statutes which it may enact for application throughout the United States. Those federal offenses, which do apply throughout the nation are tied to some power given to the federal government in the Constitution, e.g., regulation of interstate commerce, national defense, protection of property owned by the federal government. These sorts of offenses seldom regulate the day-to-day relationships between individuals, as do state criminal codes.
The federal government does have some territory where it has either exclusive jurisdiction or shares jurisdiction with the state where the territory is located. In these cases, the federal government is concerned with ordinary criminal law objectives and has enacted a few criminal statutes. To fill the gaps in the federal criminal code, Congress has enacted the Assimilative Crimes Act which adopts the law of the surrounding state as federal law.
Just as federal law coexists with state law, both sets of laws plus special federal laws discussed above apply in areas where the federal government has exclusive jurisdiction. State laws do not apply except where they are made federal law by the Assimilative Crimes Act.
Below are some of the federal criminal statutes that apply to civil disturbance operations. The jurisdictional application of these statutes is shown.
I. Federal Laws Which Apply Throughout the United States Without Regard to Jurisdictional Statutes of Land.
5 USC,
Section 7313. Riot and Civil Disorders.
(a) An individual convicted by any federal, state, or local court of competent jurisdiction of--
(1) inciting a riot or civil disorder,
(2) organizing, prompting, encouraging, or participating in a riot or civil disorder;
(3) aiding or abetting any person in committing any offense specified in clause (1) or (2), or
(4) any offense determined by the head of the employing agency to have been committed in advancement of, or while participating in a riot or civil disorder shall, if the offense for which he is convicted is a felony, be ineligible to accept or hold any position in the government of the United States or in the government of the District of Columbia for the five years immediately following the date upon which his conviction becomes final shall be removed from such position.
(b) For the purpose of this section, "felony" means any offense for which imprisonment is authorized for a term exceeding one year.
18 USC,
Section 231. Civil Disorders.
(a) (1) Whoever teaches or demonstrates to any other person the use, application, or making of any firearms or explosive, or technique capable of causing injury of 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 firearms, or explosives, knowing or having reason to know or intending that the same will be used unlawfully in advancement of a civil disorder; or
(3) Whoever commits or attempts to commit any act to obstruct, slow down, or interfere with any firearm 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 performance of any federally protected function--shall be fined not more than $10,000 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.
18 USC,
Section 232. Definitions.
For the purposes of this chapter:
(1) The term "civil disorder" means any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual.
(2) The term "commerce" means (A) between any state or District of Columbia and any place outside thereof; (B) between points within any state or the District of Columbia, but through any place outside thereof; or (C) wholly within the District of Columbia.
(3) The term "federally protected function" means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof, and such term shall specifically include, but not be limited to, the collection and distribution of the United States mails.
(4) The term "firearm" means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.
(5) The term "explosive or incendiary device" means (A) dynamite and all other forms of high explosives, (B) any explosive bomb, grenade, missile, or similar device, and (C) any incendiary bomb or grenade, fire bomb, or similar device, including any device which (i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and (ii) can be carried or thrown by one individual acting alone.
(6) The term "fireman" means any member of a fire department (including a volunteer fire department) of any state, any political subdivision of a state or the District of Columbia.
(7) The term "law enforcement officer" means any officer or employee of the United States, any state, any political subdivision of a state, or the District of Columbia, while engaged in the enforcement or prosecution of any of the criminal laws of the United States, a state, any political subdivision of a state, or the District of Columbia; and such term shall specifically include, but shall not be limited to, members of the National Guard, as defined in Section 101(9) of Title 10, United States Code, members of the organized militia of any state, or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, not included within the definition of National Guard as defined by such Section 101(9), and members of the Armed Forces of the United States, while engaged in suppressing acts of violence or restoring law and order during a civil disorder.
18 USC,
Section 233. Preemption.
Nothing contained in this chapter shall be interpreted as indicating an intent on the part of the Congress to occupy the field in which any provisions of the chapter operate to the exclusion of state or local laws on the same subject matter, nor shall any provision of this chapter be construed to invalidate any provision of the state law unless such provision is inconsistent with any of the purposes of this chapter or any provisions thereof.
18 USC,
Section 1361. Malicious Mischief, Government Property of Contracts.
Whoever willfully injures or commits depredation against any property of the United States, or of any department or agency thereof, or any property which has been or is being manufactured or constructed for the United States, or any department or agency thereof, shall be punished as follows:
If the damage of such property exceeds the sum of $100, by a fine of not more than $10,000 or imprisonment for not more than ten years, or both; if the damage to such property does not exceed the sum of $100, by a fine of not more than $1,000 or by imprisonment for not more than one year, or both.
18 USC,
Section 1505. Obstruction of Proceedings Before Departments, Agencies, and Committees.
Whoever corruptly, or by threats of force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress--
Shall be fined not more than $5,000 or imprisoned not more than five years, or both.
18 USC,
Section 1507. Picketing or Parading.
Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the United States, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, or with such intent uses any sound truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be fined not more than $5,000 or imprisoned not more than one year, or both.
18 USC,
Section 1701. Obstruction of Mails Generally.
Whoever knowingly and willfully obstructs or retards the passage of the mail, or any carrier or conveyance carrying the mail, shall be fined not more than $100 or imprisoned not more than six months, or both.
NOTE:The above statute merely illustrates the many federal laws, some carrying much greater penalties, which serve to protect the US mails.
18 USC,
Section 1856. Fires Left Unattended and Unextinguished.
Whoever, having kindled or caused to be kindled, a fire in or near any forest, timber, or other flammable material upon any lands owned, controlled, or leased by, or under the partial, concurrent or exclusive jurisdiction of the United States including lands under contract for purchase or for the acquisition of which condemnation proceedings have been instituted...leaves without totally putting out the fire, or permits said fire to burn or spread beyond his control, or leaves said fire without totally extinguishing the same, or permits or suffers said fire to burn or spread beyond his control, or leaves said fire to burn unattended shall be fined not more than $500 or imprisoned not more than six months, or both.
18 USC,
Section 2071. Mutilation of Records.
(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, destroys, or attempts to do so, with intent to do so takes and carries away any record proceeding, map, book, paper, document, or any other thing, filed, or deposited with any clerk or officer of any court of the United States, shall be fined not more than $2,000 or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys the same, shall be fined not more than $2,000 or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States.
18 USC,
Section 2101. Riots.
(a) (1) Whoever travels in interstate or foreign commerce or uses any facility of interstate commerce, including, but not limited to the mail, telegraph, telephone, radio, or television, with intent--
(A) to incite a riot, or
(B) to organize, promote, encourage, participate in, or carry on a riot; or
(C) to commit any act of violence in furtherance of a riot, or
(D) to aid or abet any person in inciting or participating in or carrying on a riot or committing any act of violence in furtherance of a riot; 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 the paragraph--shall be fined not more than $10,000 or imprisoned not more than five years, or both.
18 USC,
Section 2112. Robbery of Personal Property of United States.
Whoever robs another of any kind or description of personal property belonging to the United States, shall be imprisoned not more than 15 years.
18 USC,
Section 2115. Breaking Into Post Office.
Whoever forcibly breaks into or attempts to break into any post office, or any building used in whole or in part as a post office, with intent to commit in such post office, or building or part thereof, so used, any larceny or depredation, shall be fined not more than $1,000 or imprisoned not more than five years, or both.
18 USC,
Section 2383. Rebellion or Insurrection.
Whoever starts, assists, or engages in any rebellion or uprising against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
18 USC,
Section 2387. Activities Affecting Armed Forces Generally.
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined not more than $10,000 or imprisoned not more than two years, or both; and shall be incapable of holding any office under the United States.
(1) Advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States; or
(2) Distributes or attempts to distribute any written or printed matter which advertises counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by any member of the military naval forces of the United States--
Shall be fined not more than $10,000 or imprisoned not more than 10 years, or both, shall be ineligible for employment by the United States or any department or agency of, for the five years next following his conviction.
II. Federal Laws for Application Within Areas of Exclusive or Concurrent Jurisdiction.
18 USC,
Section 7.
The term "special maritime and territorial jurisdiction of the United States": ...includes:...(3) Any lands reserved or acquired for the use of the United States and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the state in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.
18 USC,
Section 13.
Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in...(18 USC, Section 7), is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the state, territory, possession, or district in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment.
NOTE: 18 USC, Section 13 is the Assimilative Crimes Act, which was mentioned earlier. Basically this act operates to fill in gaps in federal law for areas of exclusive or concurrent jurisdiction, by adopting as federal laws the laws of the surrounding state. The act will not assimilate a state law when there is a specific federal law defining the offense, or when the state law is contrary to some federal policy.
18 USC,
Section 81. Arson.
Whoever, within the special maritime and territorial jurisdiction of the United States, willfully and maliciously sets fire to or burns or attempts to set fire to or burn any building, structure or vessel, any machinery or building materials or supplies, military or naval stores, munitions of war, or any structural aids or appliances for navigation or shipping, shall be fined not more than $1,000 or imprisoned not more than five years, or both.
If the building be a dwelling or if the life of any person be placed in jeopardy, he shall be fined not more than $5,000 or imprisoned not more than 20 years, or both.
18 USC,
Section 113. Assaults.
Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows:
(a) Assault with intent to commit murder or rape, by imprisonment for not more than 20 years.
(b) Assault with intent to commit any felony, except murder or rape, by fine of not more than $3,000 or imprisonment for not more than ten years, or both.
(c) Assault with a dangerous weapon, with intent to do bodily harm without just cause or excuse, by fine of not more than $1,000 or imprisonment of not more than five years, or both.
(d) Assault by striking, beating, or wounding, by fine of not more than $500 or imprisonment for not more than six months, or both.
(e) Simple assault, by fine of not more than $300 or imprisonment for not more than three months, or both.
(f) Assault resulting in serious bodily injury, by fine of not more than $10,000 or imprisonment for not more than ten years, or both.
18 USC,
Section 1363. Malicious Mischief, Government Property or Buildings.
Whoever within the special maritime and territorial jurisdiction of the United States, willfully and maliciously destroys or injures or attempts to destroy or injure any building, structure or vessel, any machinery or building materials and supplies, military and naval stores, munitions of war or any structural aids or appliances for navigation or shipping, shall be fined not more that $1,000 or imprisoned not more than five years, or both, and if the building be a dwelling, or the life of any person be placed in jeopardy, shall be fined not more than $5,000 or imprisoned not more than 20 years, or both.
Miscellaneous offenses punishable within exclusive or concurrent jurisdiction areas:
1. Maiming - 18 USC, Section 114.
2. Murder - 18 USC, Section 1111, Manslaughter - 18 USC, Section 1112, Attempted Murder or Attempted Manslaughter - 18 USC, Section 113.
3. Robbery of Personal Property - 18 USC, Section 2111, Theft of Personal Property - 18 USC, Section 661; Receiving Stolen Goods - 18 USC, Section 662.
4. Rape - 18 USC, Section 2031; Carnal Knowledge - 18 USC, Section 2032.
III. Offenses Punishable by Virtue of GSA Regulations.
40 USC,
Section 318a.
The administrator of General Services or officials of the General Services Administration duly authorized by him are authorized to make all needful rules and regulations for the government of the federal property under their charge and control, and to annex to such rules and regulations such reasonable penalties, within the limits prescribed in...(Section 381c of this title), as will ensure their enforcement: Provided, that such rules and regulations shall be posted and kept posted in a conspicuous place on such federal property.
40 USC,
Section 318c.
Whoever shall violate any rule or regulation promulgated pursuant to...(Section 318a of this title) shall be fined not more than $50 or imprisoned not more than 30 days, or both.
NOTE:The GSA regulations which have been announced officially under the above noted authority prohibit such acts as gambling, solicitation, distribution of handbills, carrying weapons, taking unauthorized photographs, and other activities.
The District of Columbia Court Reform and Criminal Procedure Act of 1970 (Public Law 91-358, 91st Congress, 29 July 1970) as reported in THE CRIMINAL LAW REPORTER, VOL 7, NO 20, dated 19 August 1970 at page 3282, added the following to its criminal code:
EXPLOSIVE DEVICES
Sec 209. The Act entitled: "An act to control the possession, sale, transfer and use of pistols, and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes," approved July 8, 1931 (D.C. Code, sec 22-3215) the following new section:
"MOLOTOV COCKTAILS AND OTHER EXPLOSIVE DEVICES"
"Sec. 15A (a) No person shall within the District of Columbia manufacture, transfer, use, possess, or transport a molotov cocktail. As used in this subsection, the term 'molotov cocktail' means (1) a breakable container containing flammable liquid and having a wick or similar device capable of being ignited, or (2) any other device designed to explode or produce uncontained combustion upon impact; but such term does not include a device lawfully and commercially manufactured primarily for the purpose of illumination, construction work, or other lawful purpose."
"(b) No person shall manufacture, transfer, use, possess, or transport any device, instrument, or object designed to explode or produce uncontained combustion, with the intent that the same may be used unlawfully against any person or property."
"(c) No person shall, during a state of emergency in the District of Columbia declared by the Commission pursuant to law, or during a situation in the District of Columbia concerning which the President has invoked any provision of chapter 15 of Title 10, United States Code, manufacture, transfer, use, possess, or transport any device, instrument or object designed to explode or produce uncontained combustion, except at his residence or place of business."
"(d) Whoever violates this section shall (1) for the first offense, be sentenced to a term of imprisonment of not less than one and not more than five years, (2) for the second offense, be sentenced to a term of imprisonment of not less than three and not more than 15 years, and (3) for the third or subsequent offense, be sentenced to a term of imprisonment of not less than five years and of any term of years up to life imprisonment. In the case of a person convicted of a third or subsequent violation of this section, chapter 402 of Title 18, United States Code (Federal Youth Corrections Act) shall apply."
