Proposed New Provision (e.g., 18 U.S.C. § 111A – Intentional Auditory or Signaling Interference with Federal Law Enforcement Operations):
"Whoever, during an active federal law enforcement operation (including but not limited to immigration enforcement, arrest, detention, or removal by officers or agents designated under section 1114 of this title or other applicable authority)—
(a) knowingly and willfully uses any device, signal, sound, audible warning, electronic alert, or other means of communication (including but not limited to whistles, horns, shouting alerts, flashing lights, or repeated signaling) with the intent to disrupt, confuse, prevent, or hinder communication among such officers or between such officers and their chain of command or support personnel; or
(b) knowingly and willfully alerts, signals, or warns any person who is the subject of, or reasonably believed to be the subject of, such ongoing operation in a manner intended or likely to facilitate evasion, flight, resistance, or interference with the lawful execution of that operation—
and such conduct is reasonably likely to endanger the safety of officers or materially impede the successful completion of the operation—
shall be fined under this title, imprisoned not more than 5 years, or both.
This section shall not apply to:
(1) speech, assembly, or expressive conduct protected under the First Amendment of the United States Constitution, including peaceful protest activities, chanting, general political expression, or noise-making that does not specifically target an ongoing law enforcement operation or intend to aid evasion of a specific enforcement action;
(2) communications made in good faith to report officer misconduct, seek legal assistance, or exercise other constitutional rights, unless accompanied by intent to directly facilitate evasion or endangerment as described above;
(3) conduct that constitutes mere passive observation, recording, or non-targeted alerting without specific intent to impede the operation."
