A bill to amend title 18, United States Code, to include rioting in the definition of racketeering activity.
- Sponsor
- Sen. Cruz, Ted [R-TX]
- Committees
- Judiciary Committee (primary)
- Last action
- Jul 22, 2025
Bottom line
S. 2376 expands the scope of the RICO Act to encompass rioting, enabling federal prosecution of organized rioting activities with severe penalties.
What it actually does
This bill amends the Racketeer Influenced and Corrupt Organizations (RICO) Act to include "rioting" as a predicate offense for racketeering activity. Specifically, it adds section 2101 of title 18, which defines and prohibits interstate travel or use of interstate facilities to incite a riot, to the list of crimes that can be prosecuted under RICO. This change would allow federal prosecutors to pursue charges against individuals or groups involved in patterns of rioting with the enhanced penalties and investigative tools available under RICO.
Proponents argue
Proponents argue that including rioting under RICO would provide federal authorities with a powerful tool to combat organized and sustained patterns of violent civil unrest, deterring individuals and groups who coordinate such activities across state lines. They contend it would allow for more effective dismantling of criminal enterprises that exploit or instigate riots, ensuring accountability for those who orchestrate widespread disorder and property destruction.
Opponents contend
Opponents may argue that existing laws are sufficient to address rioting and that expanding RICO to include it could lead to overreach, potentially chilling legitimate protest and dissent. They might express concerns that the broad nature of RICO could be misused to target political activists or organizations, leading to disproportionate penalties for actions that might otherwise be prosecuted under less severe statutes.
The bill text is extremely short and can be read in under a minute, making it highly accessible for immediate understanding of its direct legislative action.
Section 1
Inclusion of Rioting as a Racketeering Activity
This section modifies the federal law that defines "racketeering activity" under the RICO Act. It specifically adds "section 2101 (relating to riots)" to the list of crimes that can be considered predicate offenses for a RICO charge. This means that if individuals or groups engage in a pattern of activities that involve inciting or participating in riots, they could potentially be prosecuted under the RICO statute, which carries significant penalties and allows for broader investigative powers.
Supporters argue
Supporters argue this provision is crucial for deterring and dismantling criminal organizations that instigate or perpetuate riots, especially those involving interstate travel or communication. They believe it will provide law enforcement with the necessary legal framework to target the leadership and financial structures behind such activities, which often cause significant public harm and property damage.
Critics contend
Critics contend that this expansion of RICO could be overly broad and potentially used to target legitimate protest movements, chilling free speech and assembly rights. They argue that existing laws are sufficient to prosecute individuals involved in rioting and that RICO's severe penalties and broad scope are disproportionate for these offenses, potentially leading to prosecutorial overreach.
Tradeoffs
The provision balances the desire for stronger federal tools to combat organized civil unrest against concerns about potential overreach, the chilling effect on protest, and the appropriate scope of federal versus state jurisdiction for such offenses.
The bill incorporates "section 2101 (relating to riots)" into the definition of racketeering activity. Section 2101 defines "riot" and prohibits interstate travel or use of interstate facilities with intent to incite, organize, promote, or participate in a riot, or to commit any act of violence in furtherance of a riot.
Section 1, amending 18 U.S.C. 1961(1)
Why it matters:This is standard legislative practice to reference existing statutes rather than reprinting them, ensuring consistency and avoiding redundancy in the U.S. Code. It is not intentionally evasive.
Case for: Referencing existing statutes like 18 U.S.C. 2101 streamlines legislation and ensures that the new provision integrates seamlessly with established legal definitions and precedents regarding riots.
Case against: For a layperson, the reliance on external statutory references makes the full implications of the bill less immediately transparent, requiring additional research to grasp the precise scope of "rioting" as defined in federal law.
Estimated impact: Clarifies the specific federal definition of "rioting" that would trigger RICO charges, which includes inciting, organizing, promoting, or participating in a riot, or committing violence in furtherance thereof, especially when interstate commerce is involved.