It is a crime to incite a riot, or to “aid or abet any person in inciting or participating in or carrying on a riot.” Violators of this statute may also face up to five years in prison.
Conspiracy to “prevent, by force, intimidation, or threat, any person from
accepting or holding any office, trust, or place of confidence under the United States.” As the purpose of the pro-Trump insurrection appears to be to prevent President-elect Biden from holding the office of president, this statute could apply to members of that insurrection. Violators of this law face up to six years in prison.
It is a crime to damage federal property. If the amount of the damage exceeds $1,000, violators face up to 10 years in prison, while lesser damage may result in up to one year in prison. Another statute makes it a crime to rob “personal property belonging to the United States,” and violators of this statute face up to 15 years in prison.
These statutes could potentially be used against members of the pro-Trump mob who damaged parts of the Capitol. In a widely circulated photo, for example, an apparent member of the mob is seen carrying a lectern from House Speaker Nancy Pelosi’s office. If, in fact, this individual stole that lectern, he could be prosecuted for doing so.
It is a crime if someone “enters or remains in any restricted building or grounds without lawful authority.” Such grounds may include any restricted area where a person “protected by the Secret Service is or will be temporarily visiting.” Vice President Mike Pence, who was presiding over the Senate when rioters breached the Capitol, is protected by the Secret Service.
Violators of this statute may face up to 10 years in prison if they carry a firearm or other deadly weapon, or if their crime “results in significant bodily injury.” Otherwise, they face up to one year.
Finally, it is a crime to assault “any person having lawful charge, control, or custody of any ... property of the United States, with intent to rob, steal, or purloin such” property. This statute could potentially be applied to insurrectionists who committed assault as part of an effort to rob the Capitol.
Violators of this statute face up to 10 years in prison — or up to 25 years if they put their victim’s “life in jeopardy by the use of a dangerous weapon.”
