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Monday, November 08, 2021

State Insurrection Statutes

One thing I've noticed is that some states have criminal insurrection statutes. Here is Iowa's:

An insurrection is three or more persons acting in concert and using physical violence against persons or property, with the purpose of interfering with, disrupting, or destroying the government of the state or any subdivision thereof, or to prevent any executive, legislative, or judicial officer or body from performing its lawful function. Participation in insurrection is a class “C” felony.

Here is Mississippi's statute:

The term “insurrection,” when used in any statute, means an armed assembly of persons having intent to resist or subvert lawful authority.

These very broad definitions would certainly apply to what occurred at the Capitol on January 6th. But other states have a narrower definition. Here is the Georgia statute:

A person commits the offense of inciting to insurrection when he incites others to overthrow or attempt to overthrow the representative and constitutional form of government of the state or any political subdivision thereof and he or they commit any violent act in furtherance thereof.

Here is Colorado's definition, which also looks narrower:

Any person who, with the intent by force of arms to obstruct, retard, or resist the execution of any law of this state, engages, cooperates, or participates with any armed force or with an armed force invades any portion of this state commits insurrection.

Anyway, food for thought.

Posted by Gerard Magliocca on November 8, 2021 at 10:56 AM | Permalink


Your writing is greatly appreciated! I appreciate your clarity and detail. You have an interesting blog, I hope to see more posts like this from you.

Posted by: Nishanth | Mar 7, 2022 7:25:22 AM

Thank you for your writing! It is easy to understand and detailed. I feel it is interesting, I hope you continue to have such good posts.

Posted by: Prashanth | Jan 13, 2022 4:21:29 AM

The ISO 22000 standard is primarily concerned with FSMS, which implies that organizations should satisfy needs like improving client quality and satisfaction, applying rules, and continually improving their performance.

Posted by: rakesh Gowda m | Nov 12, 2021 1:25:30 AM

LOL. So an armed bank robbery would be an insurrection under Gerard's reading of the Mississippi law.

Keep going, Gerard. You're doing *really* well.

Posted by: thegreatdisappointment | Nov 8, 2021 4:26:34 PM

And to all of you who have chosen the Legal Profession as your vocation, I will leave you now with these words of inspiration:


“Rest in Peace, David Link- May your memory be a blessing.”

And a reminder that “every Good and Perfect Gift is from Above.”

Godspeed and GodBless🙏💕

Posted by: Nancy | Nov 8, 2021 1:14:24 PM

Something to ponder in the Days to com;

Truth begets Truth; error begets error.


Posted by: Nancy | Nov 8, 2021 12:56:39 PM

Hi, Professor, I am wondering how each Individual State defines person.. Which states recognize that every son or daughter of a human person, being not the son or daughter of a “human “thing, or a “human” place, can only be, in essence, a human person, and which states do not recognize this self evident truth that can be known through both Faith and reason, in an attempt to make it appear as if it is possible for human persons to conceive non human sons and daughters?


Posted by: Nancy | Nov 8, 2021 12:15:54 PM

Important and useful citations indeed.

But, that one of Georgia, touches rather inciting for insurrection, so, it is not narrower in this regard. And that one of Colorado, is either not narrower in fact. It is stating in fact, essentially:

" ....resist the execution of any law"

While other citations, suggest clearly, rather the more essential element of resisting the elected and legal government. It bears so, more strategic conduct or intent to interfere strategically with governmental institutions, like:

" ...overthrow or attempt to overthrow the representative and constitutional form of government of the state"


".....destroying the government"(like that one of Iowa).

And that is typically, the difference, between conventional criminal conduct, and insurrection indeed.


Posted by: El Roam | Nov 8, 2021 11:54:17 AM

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