Fact check: What are the typical penalties for unauthorized protests on Capitol grounds regardless of participant background?

1. Summary of the results

Unauthorized protests on Capitol grounds can result in a wide range of federal criminal charges, with penalties varying significantly based on the specific actions taken. Basic trespassing charges can result in misdemeanor penalties of up to 6 months imprisonment and $5,000 fines ^[1]. However, more serious offenses can lead to felony charges with up to 5 years imprisonment and $250,000 fines ^[2]. The most severe charges, such as advocating overthrow of Government, can carry up to 20 years imprisonment ^[3].

2. Missing context/alternative viewpoints

Several crucial contextual elements are missing from the original question:

• Severity Escalators: Penalties can double if protests occur in areas restricted due to the presence of high-level government officials ^[2]
• Specific Federal Statutes: Multiple federal laws may apply, including:
• 18 USC § 2383 (Rebellion and insurrection)
• 18 USC § 373 (Solicitation to commit crime of violence)
• 18 USC § 2101 (Riots)
• 18 USC § 2385 (Advocating overthrow of Government) ^[3]
• Legal Defenses: Potential defenses include challenging intent, proving lack of awareness of restricted areas, asserting free speech rights, or questioning evidence of specific actions ^[1]

3. Potential misinformation/bias in the original statement

The original question's framing suggests that penalties might vary based on participant background, but the legal framework is technically uniform. However, it's worth noting that the implementation and prosecution of these laws have been primarily highlighted through the lens of the January 6th Capitol riot, with approximately 1,000 convictions already occurring ^[1]. This focus might create a perception bias about how these laws are typically enforced in other protest situations.

The question also oversimplifies the complex nature of Capitol protest penalties, which aren't uniform but rather exist on a spectrum from minor misdemeanors to serious felonies depending on specific actions taken during the protest ^{[1] [2]}.