(a) Whoever travels in interstate or foreign commerce or uses any facility of interstate or foreign commerce, including, but not limited to, the mail, telegraph, telephone, radio, or television, with intent—
(4)
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 this paragraph— [1]
Shall be fined under this title, or imprisoned not more than five years, or both.
(b)
In any prosecution under this
section, proof that a defendant engaged or attempted to engage in one or
more of the overt acts described in subparagraph (A), (B), (C), or (D)
of paragraph (1) of subsection (a) [2]
and (1) has traveled in interstate or foreign commerce, or (2) has use
of or used any facility of interstate or foreign commerce, including but
not limited to, mail, telegraph, telephone, radio, or television, to
communicate with or broadcast to any person or group of persons prior to
such overt acts, such travel or use shall be admissible proof to
establish that such defendant traveled in or used such facility of
interstate or foreign commerce.
(c)
A judgment of conviction or
acquittal on the merits under the laws of any State shall be a bar to
any prosecution hereunder for the same act or acts.
(d)
Whenever, in the opinion of
the Attorney General or of the appropriate officer of the Department of
Justice charged by law or under the instructions of the Attorney General
with authority to act, any person shall have violated this chapter, the
Department shall proceed as speedily as possible with a prosecution of
such person hereunder and with any appeal which may lie from any
decision adverse to the Government resulting from such prosecution.
(e)
Nothing contained in this
section shall be construed to make it unlawful for any person to travel
in, or use any facility of, interstate or foreign commerce for the
purpose of pursuing the legitimate objectives of organized labor,
through orderly and lawful means.
(f)
Nothing in this section shall
be construed as indicating an intent on the part of Congress to prevent
any State, any possession or Commonwealth of the United States, or the
District of Columbia, from exercising jurisdiction over any offense over
which it would have jurisdiction in the absence of this section; nor
shall anything in this section be construed as depriving State and local
law enforcement authorities of responsibility for prosecuting acts that
may be violations of this section and that are violations of State and
local law.
(Added Pub. L. 90–284, title I, § 104(a), Apr. 11, 1968, 82 Stat. 75; amended Pub. L. 99–386, title I, § 106, Aug. 22, 1986, 100 Stat. 822; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(f)(15), Oct. 11, 1996, 110 Stat. 3500.)
[1] So in original. Probably should be “paragraph (1), (2), (3), or (4) of this subsection—”.
[2] So in original. Probably should be “paragraph (1), (2), (3), or (4) of subsection (a)”.
Thank You Cornell Law.
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