{"id":352020,"date":"2023-09-08T09:52:58","date_gmt":"2023-09-08T14:52:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/civil-disorder.html"},"modified":"2023-09-08T09:52:58","modified_gmt":"2023-09-08T14:52:58","slug":"civil-disorder","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/civil-disorder.html","title":{"rendered":"Civil Disorder"},"content":{"rendered":"\n
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Civil Disorder<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Unlike civil disobedience, civil disorder is a crime. Civil disorder is a more violent act that causes or threatens harm to people or property.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

In the United States, the right to peacefully protest<\/a> receives constitutional protection. Indeed, people have a right to speak out against the government, the president, or any other elected official. Furthermore, groups have the right to lawfully assemble. Those rights come from the First Amendment<\/a> of the U.S. Constitution.<\/p>\n

When protests shift from peaceful assembly to civil disorder, they run afoul of federal law. The federal government has brought criminal civil disorder charges to stop organized violence. Such violence may occur during demonstrations of various kinds.
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This article defines the felony crime of civil disorder and describes its penalties, but you may need more advice. You should know your rights if law enforcement charges you with civil disorder. Talk to a criminal defense attorney<\/a> about your right to protest and legal options for your defense. <\/p>\n

What Is the Legal Definition of Civil Disorder?<\/h2>\n

The civil disorder statute (18 U.S.C. \u00a7 231<\/a>) makes it illegal for three or more people to engage in a public disturbance that causes (or threatens to cause) immediate harm to people or property. This law was passed in 1968 during the civil rights movement.<\/p>\n

Federal law specifically defines it as follows:<\/p>\n

"A 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 individual."<\/i><\/p>\n

Another important element of the civil disorder crime relates to its impact on commerce or federal activities. The statute makes it illegal to engage in civil disorder that:<\/p>\n

"… obstructs, delays, or adversely affects commerce, or the movement of commerce, or the conduct or performance of any federally protected function."<\/i><\/p>\n

Civil Disorder vs. Civil Disobedience<\/h3>\n

Civil disorder should not be confused with civil disobedience. In federal law, civil disorder is a specific crime that involves violent acts. Civil disobedience, on the other hand, is a general term encompassing non-violent conduct by a person or group refusing to obey a law for moral reasons.<\/p>\n

For an example of a civil disobedience act, civil rights activists refused to leave a "whites only" lunch counter in the 1960s. They engaged in non-violent conduct, hoping their arrests would lead to a change in racial segregation laws in the South.<\/p>\n

Civil Disorder Violations<\/h2>\n

The criminal statute of civil disorder contains three distinct prohibitions. Violations can occur in the following ways:<\/p>\n