State by State Pending and Recently Passed #AntiProtestLaws: #Indiana

SB 471: New penalties for protests near critical infrastructure

Heightens the potential penalties for protests near oil and gas #pipelines and other infrastructure by creating the offenses of "criminal #infrastructure facility #trespass" and "#CriticalInfrastructure facility mischief." The law provides that an individual who knowingly enters a critical infrastructure facility without permission commits critical infrastructure facility trespass, a Level 6 #felony punishable by up to 30 months in prison. Under the law, recklessly or knowingly defacing such a facility constitutes critical infrastructure facility mischief, punishable by up to six years in prison as a Level 5 felony. In either case, the individual may additionally be liable to the property owner for damages, costs, and attorney's fees. An individual found to have conspired with someone who commits either offense may also be liable for a fine of $100,000. The law newly defines "critical infrastructure facility" under Indiana law to include a range of oil, gas, electric, water, telecommunications, and railroad facilities, as well as any "facility that is substantially similar" to one of the listed facilities.

Full text of bill: https://iga.in.gov/legislative/2019/bills/senate/471

Status: enacted

Introduced 14 Jan 2019; Approved by Senate 7 Feb 2019; Approved by House 25 March 2019; Signed by Governor Holcomb on 6 May 2019

Issue(s): #ProtestSupporters or Funders, #Infrastructure

SB 286: New criminal penalties for masked protesters

Would create a new offense for attending a public assembly while wearing a mask, and elevate disorderly conduct and rioting to felony offenses if committed by someone wearing a mask. The bill creates exemptions for masks worn for holidays, theater, religious purposes, medical purposes if prescribed by a doctor, and athletic events, but not protests. Under the bill, someone who wears a mask “while present at a public assembly” would commit a Class C misdemeanor (punishable by up to 60 days in jail) for a first offense but a Class A misdemeanor (up to one year and $5,000) for second and subsequent offenses. As written, the offense could cover a demonstrator who chooses to wear a mask to avoid contagion, to avoid retaliation for their political speech, or for any other reason, and who did not otherwise act unlawfully or have any intent to break a law. The offense would also seemingly cover bystanders “present” at a protest while masked. The bill would convert disorderly conduct and rioting—both broadly defined by Indiana law and typically misdemeanor offenses—into Level 6 felonies (up to two and a half years in prison and $10,000) if committed by someone in a mask. “Disorderly conduct,” for instance, covers someone who recklessly, knowingly, or intentionally “makes unreasonable noise and continues to do so after being asked to stop.” As such, someone who chooses to wear a mask while participating in a peaceful but noisy protest could face felony charges.

Full text of bill:
https://iga.in.gov/legislative/2025/bills/senate/286/details

Status: pending

Introduced 13 Jan 2025.

Issue(s): Face Covering, Riot

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #TrafficInterference #MaskBans