5 U.S.C. § 7313
Section 7313 · Riots and civil disorders
Amended 1 time on record
Applied in 3 court decisions — leading case 13 F. App'x 938 - Freitas v. Department of Army (2001)
Most recently applied in Wendell Terry Rogers v. Department of Defense (September 2015)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) An individual convicted by any Federal, State, or local court of competent jurisdiction of—
(1) inciting a riot or civil disorder;
(2) organizing, promoting, encouraging, or participating in a riot or civil disorder;
(3) aiding or abetting any person in committing any offense specified in clause (1) or (2); or
(4) any offense determined by the head of the employing agency to have been committed in furtherance of, or while participating in, a riot or civil disorder;
shall, if the offense for which he is convicted is a felony, be ineligible to accept or hold any position in the Government of the United States or in the government of the District of Columbia for the five years immediately following the date upon which his conviction becomes final. Any such individual holding a position in the Government of the United States or the government of the District of Columbia on the date his conviction becomes final shall be removed from such position.
(b) For the purposes of this section, “felony” means any offense for which imprisonment is authorized for a term exceeding one year.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Effective Date
Section 1002 of Pub. L. 90–351 provided that: “The provisions of section 1001(a) of this title [enacting this section] shall apply only with respect to acts referred to in section 7313(a)(1)–(4) of title 5, United States Code, as added by section 1001 of this title, which are committed after the date of enactment of this title [June 19, 1968].”
Receipt of Benefits Under Laws Providing Relief for Disaster Victims
Section 1106(e) of Pub. L. 90–448, title XI, Aug. 1, 1968, 82 Stat. 567, provided that: “No person who has been convicted of committing a felony during and in connection with a riot or civil disorder shall be permitted, for a period of one year after the date of his conviction, to receive any benefit under any law of the United States providing relief for disaster victims.”