FACT BRIEF

Does a June 2020 presidential order impose automatic 10-year sentences on anyone desecrating federal property?

Wednesday, January 13, 2021

By Will Gunderson

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An executive order signed by President Trump on June 26, 2020, didn't create new enforcement powers or guaranteed penalties to deal with vandalism or defacement of federal property. The penalties outlined by the order were already established by existing laws, including potential maximum imprisonment of up to ten years.

The June order followed continuing widespread unrest in response to the killing of George Floyd in Minneapolis. In some cities participants toppled statues of past U.S. leaders and defaced historical monuments.

Initial charges filed against those rioting at the Capitol on Jan. 6 have relied on statutes other than those highlighted in the June order. A prosecutor on Jan. 13 said authorities continue to search for hundreds more suspects, and could add other, more serious charges to the offenses outlined initially.

This fact brief is responsive to conversations such as this one.

Sources

Federal Register: Executive Order 13933—Protecting American monuments

Department of Justice: 13 charged in federal court following riot at the US Capitol

VOA News: US identifies over 170 Capitol rioters for possible criminal charges

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