State by State Pending and Recently Passed #AntiProtestLaws: #Iowa
SF 342: Heightened penalties for protesters convicted of "riot," "unlawful assembly," or blocking traffic, and immunity for #drivers who injure them
Introduces felony penalties for the offense of "riot," previously an aggravated misdemeanor, such that the offense is punishable by up to 5 years in prison and $7,500. Preexisting law defines "riot" as a group of three or more people assembled "in a violent manner," at least one of whom uses any unlawful force or violence against another person or causes property damage. The law also converts "unlawful assembly" from a simple to an aggravated misdemeanor. Preexisting law defines "unlawful assembly" as a group of three or more people, any of whom are acting "in a violent manner," and who intend that any of them will commit an offense. Under the law, it is a serious (rather than simple) misdemeanor, punishable by one year in jail and a $1,875 fine, to "obstruct" a sidewalk, street, or "other public way" with the intent to hinder its use by others. If an individual obstructs a sidewalk or street while "present during an unlawful assembly," it is an aggravated misdemeanor, punishable by 2 years in jail and a $6,250 fine. If an individual obstructs a sidewalk or street while "present during a riot," it is a Class D felony, punishable by up to 5 years in prison and a $7,500 fine. Under the law, a driver who injures someone who is participating in a "protest, demonstration, riot, or unlawful assembly," engaging in "disorderly conduct," and blocking traffic, is immune from civil liability as long as the driver was exercising "due care" and the protester did not have a permit to be in the street. The law would also allow law enforcement who experience a physical or other injury while on duty to pursue civil damages from a person, group, or organization. Finally, the law creates a new felony offense for "defacing" public property, "including a monument or statue." The offense, a Class D felony, is punishable by up to 5 years in prison, a $7,500, and mandatory restitution for any property damage. This law was introduced and passed by the Senate as SF 534, but passed by the House as an amendment to SF 342.
Full text of bill:
https://www.legis.iowa.gov/legislation/BillBook?ga=89&ba=SF%20342
Status: enacted
Introduced 1 Mar 2021; Approved by Senate 10 March 2021, Approved by House 14 April 2021, Signed by Governor 16 June 2021
Issue(s): Civil Liability, Protest Supporters or Funders, Driver Immunity, Riot, Traffic Interference
HF 952: Requiring state permission for protests in the capitol and on capitol grounds
Would require organizers to have a government sponsor in order to hold protests in or near the Iowa capitol. Under the bill, organizers cannot hold “events” in capitol buildings or on capitol grounds unless they have a “recommendation” either from a statewide elected official or by both a member of Iowa’s state senate and its house of representatives. The bill would also prohibit the same person from holding more than six “events” per year in or around the capitol. Neither the bill nor the relevant provisions of Iowa law define “events,” such that they could seemingly include public protests and demonstrations. As such, the bill would effectively give elected officials authority to allow or disallow protests near the capitol.
Full text of bill:
https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HF%20952
Status: pending
Introduced 12 Mar 2025.
HF 25: Heightened penalties for #MaskedProtesters
Would increase the penalty for any offense if committed by someone wearing a mask or other device that concealed their identity for the purpose of facilitating the offense. The bill provides #exemptions for masks worn in a number of contexts, including holiday costumes, medical masks, and “#hood[s]” or other “disguise[s]” worn by members of “a society, order, or organization while engaged in any parade, ritual” or “ceremony.” As such, for instance, members of the #KluKluxKlan would seemingly be exempt from enhanced penalties for illegally blocking traffic while parading in the street wearing hoods. The bill does not exempt masks worn during public protests, nor does it limit the enhanced penalties to violent crimes. Accordingly, a peaceful protester who committed a nonviolent offense while wearing a mask could face steeper penalties. A masked demonstrator engaged in a vigil who failed to disperse after being ordered to do so by police, for instance, could face up to a year in jail, rather than 30 days.
Full text of bill:
https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=hf25
Status: pending
Introduced 14 Jan 2025.
Issue(s): #FaceCovering
#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #TrafficInterference #MaskBans #HoodsAreOK #HeatherHeyer #UniteTheRight #DrivingDownProtestors #LimitingProtests #RedTape
