Sponsor
Bernardo Moreno
Senator · R-OH
Senator · R-OH
The bill strengthens federal criminal tools to deter and punish barricading—potentially improving officer safety and speeding resolution of standoffs—but does so at the cost of increased criminalization, broader penalties, subjective mens rea standards, and a tilt toward enforcement funding over preventive community services.
Law enforcement officers: federal officers gain a clearer criminal tool and stronger legal backing to deter, punish, and more quickly resolve barricade/resistance incidents, which can improve officer safety and the likelihood of apprehension.
People involved in coordinated barricading: the bill makes it easier to prosecute third parties who aid barricading, which could reduce organized resistance and shorten dangerous standoffs for communities.
Local governments and law enforcement: by highlighting the dangers of barricading incidents, the bill could justify funding or training aimed at reducing standoffs and their casualties and resource drains.
People who refuse orders inside their homes: the bill risks federal felony charges and multi-year prison sentences for refusal interpreted as barricading, increasing criminalization of nonviolent resistance.
Defendants and courts: aggravated penalties (e.g., five-year enhancements when a third party is present or a weapon is claimed) apply broadly and could trigger severe sentences in ambiguous or disputed situations.
Defendants and civil liberties advocates: use of a 'knows or reasonably should know' standard for awareness creates subjective mens rea issues that can produce due-process disputes and uneven application.
Based on analysis of 3 sections of legislative text.
Creates a federal crime for barricading oneself to evade arrest by a federal officer, with penalties up to 3 years (or up to 5 years for aggravating circumstances).
Official title: Amend section 111 of title 18, United States Code, to prohibit barricading while evading arrest.
Introduced October 30, 2025 by Bernardo Moreno · Last progress October 30, 2025
Creates a new federal crime for deliberately barricading oneself to avoid arrest by a federal law enforcement officer, with penalties of up to 3 years in prison (or up to 5 years when the conduct risks serious physical harm, involves a deadly weapon, or traps third parties). It defines “barricade” and applies the prohibition to those who resist arrest with force or who aid someone else in barricading. The bill frames the change as support for law enforcement safety by treating barricading during arrest evasion as a standalone offense and increasing maximum penalties when the conduct endangers others or involves weapons.