Swarming Prevention Act

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Policy Status

  • Type: Model Policy
  • Status: Draft
  • Date Introduced: July 18, 2025

Issues

  • Judiciary

    • Task Forces

  • Judiciary

    • Tags

  • 2025 Annual Meeting

    • Summary

    The Swarming Prevention Act was developed in response to the tragic death of Preston Lord, a 16-year-old victim of a violent group assault. This Act classifies such group assaults as aggravated assaults, aiming to minimize such unfortunate incidents. Swarming is the execution of a group assault against a single person. Often times, assaults are classified in an aggravated status when an offender enhances the severity of the assault or threat of force involved in the commission of an assault. Like how an unarmed, one-on-one assault can elevate to an "aggravated assault" status when the offender incorporates the use of a deadly weapon, when three or more individuals collectively assault a victim, their potential for serious physical bodily injury can greatly increase solely because of the dissemblance. Further, collective group assaults are more dangerous to their targeted victims because they restrict the victim’s ability to flee.
    Draft

    Swarming Prevention Act

    Section 1. Purpose and scope.

    The purpose of this Act is to classify the physical assault of a person as an aggravated assault when collectively committed by three or more persons. This Act is intended to amend the criminal code of [INSERT STATE] and its applicability is not confined within an issue-specific scenario of aggravated assault or a specific category of criminal conduct. Upon judicial review of this statute, a court in its analysis shall interpret the text of this Act in a manner which yields the plain and ordinary meaning of the text of this Act and avoids engaging in speculative analyses of legislators’ intent throughout the legislative process.

    Section 2. Definitions. For the purposes of this Act, the following terms have the following meanings:

      (a) “Swarming” means the commission of an Assault where a person is aided by two or more people who aid in committing the Assault, but only when the Assault is directed at a single person and the Assault results in a Physical Injury.
      (b) “Physical Injury” means impairment of physical bodily condition or physical pain experienced by a person. The injury does not need to be permanent or require medical treatment to constitute a Physical Injury.
      (c) “Assault” means—
      • (1) Intentionally, knowingly, or recklessly causing a Physical Injury to another person;
      • (2) Intentionally placing another person in reasonable apprehension of imminent Physical Injury; or
      • (3) Knowingly touching a person with the intent to injure, insult, or provoke that person.

    Section 3. Classification. Requirements for bringing charges.

      (a) For states which consider aggravated assault a felony offense.
      • (1) The criminal code of [INSERT STATE] is amended to classify Swarming as a form of aggravated assault.
      • (2) A law enforcement officer and a state prosecutor cannot take into consideration the degree of physical contact made between a Swarming offender and victim when determining whether—
        • 1. A Swarming offense is committed; or
        • 2. A person should be charged with Swarming.
      (b) For states which consider aggravated assault a misdemeanor offense.
      • (1) The criminal code of [INSERT STATE] is amended to classify Swarming as a [INSERT STATE’S FELONY CLASSIFICATION WHICH CARRIES THE LEAST SEVERE PENALTIES] felony offense.
      • (2) A law enforcement officer and a state prosecutor cannot take into consideration the degree of physical contact made between a Swarming offender and victim when determining whether—
        • 1. A Swarming offense is committed; or
        • 2. A person should be charged with Swarming.

    Section 4. Sentencing. A court shall determine the sentence for a person convicted of Swarming by referencing the—

      (a) Controlling statutory law for aggravated assault or Swarming; and
      (b) Sentencing guidelines which provide guidance on imposing criminal sentences for aggravated assault or Swarming.

    Section 5. Severability clause. The provisions of this Act are severable. If a court deems a part of this Act invalid or unenforceable, the remaining parts of the Act shall remain in effect.

    Section 6. Repealer clause. A statute which conflicts with this Act must be repealed to avoid contradiction with the language and effect of this Act.

    Section 7. Effective date. This act goes into effect on [INSERT DATE].