North Carolina bill enhancing riot penalties heads to governor

A bill that would harshen penalties for rioting and inciting a deadly riot in North Carolina is on its way to Gov. Roy Cooper.

The North Carolina House voted, 63-41, to give House Bill 805 its final approval Tuesday. If it becomes law, a person who incites or encourages someone to participate in a riot that leads to a death could face 17 years in prison.

“This bill simply enforces harsher penalties for the perpetrators of violence and looting, while explicitly preserving every North Carolinian’s right to protest peacefully,” House Speaker Tim Moore, R-Cleveland, said. “I hope that Gov. Cooper will not hesitate to sign this bill into law and better protect our law enforcement, business owners, and citizens who are exercising their right to protest peacefully."

Lawmakers hotly debated the bill Tuesday. Moore, one of the backers of the bill, said it was filed in response to local and national demonstrations last summer after the police killings of unarmed Black people and the U.S. Capitol riot in January. Some of the demonstrations in North Carolina turned violent, and protestors vandalized and damaged property.

Owners of property damaged during a riot can sue for damages, court costs and attorneys’ fees if HB 805 becomes law.

House opponents of the bill said Tuesday it is unnecessary. They argued North Carolina already has laws that address violence and rioting.

People who “willfully” incite or “urge” others to engage in a riot could face the state’s most serious misdemeanor charge and up to 150 days in jail and a fine under HB 805. If the damage from that riot exceeds $1,500 and causes serious bodily harm, rioters could face up to 59 months in prison. The bill makes it a felony to possess a “dangerous” weapon during a riot, and suspects arrested under the law would have to wait up to 48 hours to see a judge to be granted bail.

"This, in my opinion, is a political football that looks to advance a narrative that laws that are already on the books, are properly enforced, then everyone in this chamber can support the fact that looters and rioters and those who engage in criminal activity ought to suffer some sanction,” Rep. Amos Quick III, D-Guilford, said.

The measure also creates a new offense for when a riot results in death. Engaging in a riot that leads to a fatality could lead to an 88-month prison sentence under the bill.

Lawmakers who oppose the bill also argued it would penalize people for exercising their First Amendment right to protest. Backers argued the bill includes a provision that safeguards the constitutional right.

“Mere presence alone without an overt act is not sufficient to sustain a conviction pursuant to this section,” the language in the bill says.

An overt act can be identified clearly by evidence, according to its legal definition.