Travel Freedom Act

This legislative package is a state-level response to constitutional violations by the TSA. Activists, we encourage you to send this to your state senators and representatives – and ask them to introduce this legislation in your state.

1. Travel Freedom Act: Noncompliance
“An Act relating to the offensive touching of persons seeking access to public buildings and transportation; providing penalties.”

2. Travel Freedom Act: Banning TSA Patdowns without Probable Cause
“An Act relating to the offensive touching of persons seeking access to public buildings and transportation; providing penalties.”

3. Travel Freedom Act: Banning Whole-Body Scanners
“It shall be unlawful for any person or governmental entity within the state to use a whole­body imaging device at any public facility or government building for the purpose of screening persons except in accordance with the provisions of this section.”

4. Travel Freedom Resolution
A non-binding resolution reaffirming the rights of the people and the power of the state. If your state politicians don’t feel they have strong enough support – or are waffling – for introducing the binding Act(s) above, we strongly suggest that you urge them to introduce this resolution. While non-binding, it will bring the issue more into the public sphere, and politicians can rest easy that passage of it won’t result in any federal backlash. Passage will likely build grassroots support and a stronger on-the-ground network for passage of the ACT(s) in future sessions.

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Travel Freedom Act: Noncompliance

A BILL
TO BE ENTITLED AN ACT

Relating to the non-compliance of [State] public officials with oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties; relating to a person’s right to resist certain illegal searches and seizures.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [State]:

SECTION 1: [Section ______, Penal Code, is amended] OR [A new Section ______is added to the Penal Code]

(a) A person who is a public servant of the State of [State] commits a class A Misdemeanor if the person:

(1) While acting under color of the person’s office or employment without probable cause to believe the other person committed a criminal offense:?

(A) performs a search for the purpose of granting access to a publicly accessible building or form of transportation; and
(B) Intentionally, knowingly, or recklessly:

(i) touches the anus, sexual organ, buttocks, or breast of the other person, including touching through clothing; or
(ii) causes physical contact with the other person when the actor knows or should reasonably believe that the other person will regard the contact as offensive or provocative; or

(2) While acting under color of the person’s office or employment knowingly provides material assistance to searches described in subsection a(1) performed by any public servant of the State of [State] or any public servant of the United States.

(b) It shall be lawful for any person to reasonably resist, or reasonably aid in the reasonable resistance of another, or reasonably resist on behalf of a minor, incompetent, disabled, or any other person who cannot resist on behalf of themselves;

(1) A search described in subsection (a)(1) when performed by a public servant of the state of [State]; or
(2) A search described in subsection (a)(1) when performed by a public servant of the United States.

(c) For the purposes of this Section a “public servant of the state of [State]” includes:

(1) An officer, employee or agent of:

(A) The State of [State] or any political subdivision thereof;
(B) A branch, department or agency of the State of [State] or any political subdivision thereof;
(C) Another person acting under contract with a branch, department or agency of the State of [State] or any political subdivision thereof for the purpose of providing security or law enforcement service; and
(D) Any other person acting under color of State law.

(d) For the purposes of this Section a “public servant of the United States” includes:

(1) An officer, employee or agent of:

(A) The United States;
(B) A branch, department or agency of the United States;
(C) Another person acting under contract with a branch, department or agency of the United States for the purpose of providing security or law enforcement service; and
(D) Any other person acting under color of the United States.

(e) For purposes of this Section, a person who is a public servant acts under color of the person’s office or employment if the person acts or purports to act in an official capacity.

SECTION 2: This act shall be construed, as a matter of state law, liberally to effectuate its purpose to of inhibiting oppression through intrusive touching, searches and seizures

SECTION 3: This Act takes effect on the 91st day after the last day of the legislative session.

**Legislation drafted by Blake Filippi

Blake Filippi [send him email] is a Legal Analyst for the Tenth Amendment Center. He is also the director of the Rhode Island Liberty Coalition, a constitutional attorney and the initial author of resolutions opposing NDAA detention provisions being introduced around the country. Visit RI Liberty online at www.riliberty.com.

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Travel Freedom Act: Banning TSA Patdowns

AN ACT
relating to the offensive touching of persons seeking access to public buildings and transportation; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [STATE]:

SECTION 1. Section [NUMBER], Criminal Code, is amended by adding [SUBSECTIONS] to read as follows:

(a) A person commits an offense if the person:

(1) intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent.

(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or

(C) causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; [or]

(2) intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of a child by any means;
(B) causes the penetration of the mouth of a child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(E) causes the mouth of a child to contact the anus or sexual organ of another person, including th