S 2376119th CongressIn Committee

A bill to amend title 18, United States Code, to include rioting in the definition of racketeering activity.

Introduced: Jul 22, 2025

Sponsor: Sen. Cruz, Ted [R-TX] (R-Texas)

Civil Rights & Justice

Standard Summary

Comprehensive overview in 1-2 paragraphs

This bill would expand the federal Racketeer Influenced and Corrupt Organizations Act (RICO) by adding rioting to the list of activities that qualify as racketeering activity. Specifically, it would insert the reference to “section 2101 (relating to riots)” into the statutory list of offenses that count as racketeering activity, just before the reference to “sections 2251” in 18 U.S.C. §1961(1). The practical effect is that acts of rioting could be prosecuted as part of a pattern of racketeering connected to an enterprise, enabling federal RICO charges and potential penalties when rioting is part of organized criminal activity. The bill was introduced in the Senate on July 22, 2025 (S. 2376) by Senator Cruz and co-sponsors, and referred to the Judiciary Committee. It has not yet advanced to further legislative action.

Key Points

1Amends 18 U.S.C. §1961(1) to include “section 2101 (relating to riots)” in the list of crimes that comprise racketeering activity.
2Places rioting before “sections 2251” in the enumerated list, thereby treating rioting as a potential component of a “pattern of racketeering activity” under RICO.
3Expands the set of acts that can trigger federal RICO charges to include rioting, when part of an ongoing enterprise or pattern.
4Could enable both criminal and civil enforcement options under RICO (e.g., criminal prosecutions and civil lawsuits seeking treble damages for involved parties).
5Status: Introduced in the Senate on July 22, 2025; referred to the Senate Judiciary Committee; co-sponsored by several senators.

Impact Areas

Primary group/area affected- Individuals and groups known to organize or participate in riots as part of an enterprise, who could be charged under RICO.Secondary group/area affected- Federal prosecutors and the judiciary, which would handle potential RICO prosecutions and civil actions involving rioting.Additional impacts- Civil RICO exposure (treble-damages potential) for participants in riot-related activities tied to an enterprise.- Possible policy and civil-liberties considerations, including debates about the balance between protest rights and federal enforcement against riot activity.RICO (Racketeer Influenced and Corrupt Organizations Act) defines a “pattern of racketeering activity” as involving multiple related offenses. By adding rioting (18 U.S.C. §2101) to the list of qualifying offenses, the bill makes it easier to pursue broad, organized-crime-style charges in cases where rioting is part of a larger criminal enterprise.18 U.S.C. §2101 covers rioting offenses; the exact penalties for rioting are defined in that section, separate from RICO penalties, but under this bill, those acts could be used as the basis for RICO charges when part of a pattern.

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