US (United States) Code. Title 18. Chapter 13: Civil rights

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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  • País: Estados Unidos Estados Unidos
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-CITE-

18 USC CHAPTER 13 - CIVIL RIGHTS 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 13 - CIVIL RIGHTS

.

-HEAD-

CHAPTER 13 - CIVIL RIGHTS

-MISC1-

Sec.

241. Conspiracy against rights.

242. Deprivation of rights under color of law.

243. Exclusion of jurors on account of race or color.

244. Discrimination against person wearing uniform of armed forces.

245. Federally protected activities.

246. Deprivation of relief benefits.

247. Damage to religious property; obstruction of persons in the

free exercise of religious beliefs.

248. Freedom of access to clinic entrances.

AMENDMENTS

1994 - Pub. L. 103-322, title XXXIII, Sec. 330023(a)(1), Sept.

13, 1994, 108 Stat. 2150, substituted ''Freedom of access to clinic

entrances'' for ''Blocking access to reproductive health services''

in item 248.

Pub. L. 103-259, Sec. 4, May 26, 1994, 108 Stat. 697, added item

248.

1988 - Pub. L. 100-690, title VII, Sec. 7018(b)(2), Nov. 18,

1988, 102 Stat. 4396, struck out ''of citizens'' after ''rights''

in item 241.

Pub. L. 100-346, Sec. 3, June 24, 1988, 102 Stat. 645, added item

247.

1976 - Pub. L. 94-453, Sec. 4(b), Oct. 2, 1976, 90 Stat. 1517,

added item 246.

1968 - Pub. L. 90-284, title I, Sec. 102, Apr. 11, 1968, 82 Stat.

75, added item 245.

-CITE-

18 USC Sec. 241 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 13 - CIVIL RIGHTS

-HEAD-

Sec. 241. Conspiracy against rights

-STATUTE-

If two or more persons conspire to injure, oppress, threaten, or

intimidate any person in any State, Territory, Commonwealth,

Possession, or District in the free exercise or enjoyment of any

right or privilege secured to him by the Constitution or laws of

the United States, or because of his having so exercised the same;

or

If two or more persons go in disguise on the highway, or on the

premises of another, with intent to prevent or hinder his free

exercise or enjoyment of any right or privilege so secured -

They shall be fined under this title or imprisoned not more than

ten years, or both; and if death results from the acts committed in

violation of this section or if such acts include kidnapping or an

attempt to kidnap, aggravated sexual abuse or an attempt to commit

aggravated sexual abuse, or an attempt to kill, they shall be fined

under this title or imprisoned for any term of years or for life,

or both, or may be sentenced to death.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90-284, title I,

Sec. 103(a), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100-690, title

VII, Sec. 7018(a), (b)(1), Nov. 18, 1988, 102 Stat. 4396; Pub. L.

103-322, title VI, Sec. 60006(a), title XXXII, Sec. 320103(a),

320201(a), title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108

Stat. 1970, 2109, 2113, 2147; Pub. L. 104-294, title VI, Sec.

604(b)(14)(A), 607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 51 (Mar. 4, 1909, ch.

321, Sec. 19, 35 Stat. 1092).

Clause making conspirator ineligible to hold office was omitted

as incongruous because it attaches ineligibility to hold office to

a person who may be a private citizen and who was convicted of

conspiracy to violate a specific statute. There seems to be no

reason for imposing such a penalty in the case of one individual

crime, in view of the fact that other crimes do not carry such a

severe consequence. The experience of the Department of Justice is

that this unusual penalty has been an obstacle to successful

prosecutions for violations of the act.

Mandatory punishment provision was rephrased in the alternative.

Minor changes in phraseology were made.

AMENDMENTS

1996 - Pub. L. 104-294, Sec. 607(a), substituted ''any State,

Territory, Commonwealth, Possession, or District'' for ''any State,

Territory, or District'' in first par.

Pub. L. 104-294, Sec. 604(b)(14)(A), repealed Pub. L. 103-322,

Sec. 320103(a)(1). See 1994 Amendment note below.

1994 - Pub. L. 103-322, Sec. 330016(1)(L), substituted ''They

shall be fined under this title'' for ''They shall be fined not

more than $10,000'' in third par.

Pub. L. 103-322, Sec. 320201(a), substituted ''person in any

State'' for ''inhabitant of any State'' in first par.

Pub. L. 103-322, Sec. 320103(a)(2)-(4), in third par.,

substituted ''results from the acts committed in violation of this

section or if such acts include kidnapping or an attempt to kidnap,

aggravated sexual abuse or an attempt to commit aggravated sexual

abuse, or an attempt to kill, they shall be fined under this title

or imprisoned for any term of years or for life, or both'' for

''results, they shall be subject to imprisonment for any term of

years or for life''.

Pub. L. 103-322, Sec. 320103(a)(1), which provided for amendment

identical to Pub. L. 103-322, Sec. 330016(1)(L), above, was

repealed by Pub. L. 104-294, Sec. 604(b)(14)(A).

Pub. L. 103-322, Sec. 60006(a), substituted '', or may be

sentenced to death.'' for period at end of third par.

1988 - Pub. L. 100-690 struck out ''of citizens'' after

''rights'' in section catchline and substituted ''inhabitant of any

State, Territory, or District'' for ''citizen'' in text.

1968 - Pub. L. 90-284 increased limitation on fines from $5,000

to $10,000 and provided for imprisonment for any term of years or

for life when death results.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 604(b)(14)(A) of Pub. L. 104-294 effective

Sept. 13, 1994, see section 604(d) of Pub. L. 104-294, set out as a

note under section 13 of this title.

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-155, Sec. 1, July 3, 1996, 110 Stat. 1392, provided

that: ''This Act (amending section 247 of this title and section

10602 of Title 42, The Public Health and Welfare, enacting

provisions set out as a note under section 247 of this title, and

amending provisions set out as a note under section 534 of Title

28, Judiciary and Judicial Procedure) may be cited as the 'Church

Arson Prevention Act of 1996'.''

-CITE-

18 USC Sec. 242 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 13 - CIVIL RIGHTS

-HEAD-

Sec. 242. Deprivation of rights under color of law

-STATUTE-

Whoever, under color of any law, statute, ordinance, regulation,

or custom, willfully subjects any person in any State, Territory,

Commonwealth, Possession, or District to the deprivation of any

rights, privileges, or immunities secured or protected by the

Constitution or laws of the United States, or to different

punishments, pains, or penalties, on account of such person being

an alien, or by reason of his color, or race, than are prescribed

for the punishment of citizens, shall be fined under this title or

imprisoned not more than one year, or both; and if bodily injury

results from the acts committed in violation of this section or if

such acts include the use, attempted use, or threatened use of a

dangerous weapon, explosives, or fire, shall be fined under this

title or imprisoned not more than ten years, or both; and if death

results from the acts committed in violation of this section or if

such acts include kidnapping or an attempt to kidnap, aggravated

sexual abuse, or an attempt to commit aggravated sexual abuse, or

an attempt to kill, shall be fined under this title, or imprisoned

for any term of years or for life, or both, or may be sentenced to

death.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90-284, title I,

Sec. 103(b), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100-690, title

VII, Sec. 7019, Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103-322,

title VI, Sec. 60006(b), title XXXII, Sec. 320103(b), 320201(b),

title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 1970,

2109, 2113, 2147; Pub. L. 104-294, title VI, Sec. 604(b)(14)(B),

607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 52 (Mar. 4, 1909, ch.

321, Sec. 20, 35 Stat. 1092).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

A minor change was made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294, Sec. 607(a), substituted ''any State,

Territory, Commonwealth, Possession, or District'' for ''any State,

Territory, or District''.

Pub. L. 104-294, Sec. 604(b)(14)(B), repealed Pub. L. 103-322,

Sec. 320103(b)(1). See 1994 Amendment note below.

1994 - Pub. L. 103-322, Sec. 330016(1)(H), substituted ''shall be

fined under this title'' for ''shall be fined not more than

$1,000'' after ''citizens,''.

Pub. L. 103-322, Sec. 320201(b), substituted ''any person in any

State'' for ''any inhabitant of any State'' and ''on account of

such person'' for ''on account of such inhabitant''.

Pub. L. 103-322, Sec. 320103(b)(2)-(5), substituted ''bodily

injury results from the acts committed in violation of this section

or if such acts include the use, attempted use, or threatened use

of a dangerous weapon, explosives, or fire, shall be fined under

this title or imprisoned not more than ten years, or both; and if

death results from the acts committed in violation of this section

or if such acts include kidnapping or an attempt to kidnap,

aggravated sexual abuse, or an attempt to commit aggravated sexual

abuse, or an attempt to kill, shall be fined under this title, or

imprisoned for any term of years or for life, or both'' for

''bodily injury results shall be fined under this title or

imprisoned not more than ten years, or both; and if death results

shall be subject to imprisonment for any term of years or for

life''.

Pub. L. 103-322, Sec. 320103(b)(1), which provided for amendment

identical to Pub. L. 103-322, Sec. 330016(1)(H), above, was

repealed by Pub. L. 104-294, Sec. 604(b)(14)(B).

Pub. L. 103-322, Sec. 60006(b), inserted before period at end '',

or may be sentenced to death''.

1988 - Pub. L. 100-690 inserted ''and if bodily injury results

shall be fined under this title or imprisoned not more than ten

years, or both;'' after ''or both;''.

1968 - Pub. L. 90-284 provided for imprisonment for any term of

years or for life when death results.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 604(b)(14)(B) of Pub. L. 104-294 effective

Sept. 13, 1994, see section 604(d) of Pub. L. 104-294, set out as a

note under section 13 of this title.

-CITE-

18 USC Sec. 243 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 13 - CIVIL RIGHTS

-HEAD-

Sec. 243. Exclusion of jurors on account of race or color

-STATUTE-

No citizen possessing all other qualifications which are or may

be prescribed by law shall be disqualified for service as grand or

petit juror in any court of the United States, or of any State on

account of race, color, or previous condition of servitude; and

whoever, being an officer or other person charged with any duty in

the selection or summoning of jurors, excludes or fails to summon

any citizen for such cause, shall be fined not more than $5,000.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 696.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 44 of title 8, U.S.C., 1940 ed., Aliens and

Nationality (Mar. 1, 1875, ch. 114, Sec. 4, 18 Stat. 336).

Words ''be deemed guilty of a misdemeanor, and'' were deleted as

unnecessary in view of definition of misdemeanor in section 1 of

this title.

Words ''on conviction thereof'' were omitted as unnecessary,

since punishment follows only after conviction.

Minimum punishment provisions were omitted. (See reviser's note

under section 203 of this title.)

Minor changes in phraseology were made.

-CITE-

18 USC Sec. 244 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 13 - CIVIL RIGHTS

-HEAD-

Sec. 244. Discrimination against person wearing uniform of armed

forces

-STATUTE-

Whoever, being a proprietor, manager, or employee of a theater or

other public place of entertainment or amusement in the District of

Columbia, or in any Territory, or Possession of the United States,

causes any person wearing the uniform of any of the armed forces of

the United States to be discriminated against because of that

uniform, shall be fined under this title.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 697; May 24, 1949, ch. 139, Sec.

5, 63 Stat. 90; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G),

Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 523 (Mar. 1, 1911, ch.

187, 36 Stat. 963; Aug. 24, 1912, ch. 387, Sec. 1, 37 Stat. 512;

Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800).

Words ''guilty of a misdemeanor'', following ''shall be'', were

omitted as unnecessary in view of definition of ''misdemeanor'' in

section 1 of this title. (See reviser's note under section 212 of

this title.)

Changes were made in phraseology.

1949 ACT

This section (section 5) substitutes, in section 244 of title 18,

U.S.C., ''any of the armed forces of the United States'' for the

enumeration of specific branches and thereby includes the Air

Force, formerly part of the Army. This clarification is necessary

because of the establishment of the Air Force as a separate branch

of the Armed Forces by the act of July 26, 1947.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500''.

1949 - Act May 24, 1949, substituted ''any of the armed forces of

the United States'' for enumeration of the specific branches.

-CITE-

18 USC Sec. 245 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 13 - CIVIL RIGHTS

-HEAD-

Sec. 245. Federally protected activities

-STATUTE-

(a)(1) Nothing in this section shall be construed as indicating

an intent on the part of Congress to prevent any State, any

possession or Commonwealth of the United States, or the District of

Columbia, from exercising jurisdiction over any offense over which

it would have jurisdiction in the absence of this section, nor

shall anything in this section be construed as depriving State and

local law enforcement authorities of responsibility for prosecuting

acts that may be violations of this section and that are violations

of State and local law. No prosecution of any offense described in

this section shall be undertaken by the United States except upon

the certification in writing of the Attorney General, the Deputy

Attorney General, the Associate Attorney General, or any Assistant

Attorney General specially designated by the Attorney General that

in his judgment a prosecution by the United States is in the public

interest and necessary to secure substantial justice, which

function of certification may not be delegated.

(2) Nothing in this subsection shall be construed to limit the

authority of Federal officers, or a Federal grand jury, to

investigate possible violations of this section.

(b) Whoever, whether or not acting under color of law, by force

or threat of force willfully injures, intimidates or interferes

with, or attempts to injure, intimidate or interfere with -

(1) any person because he is or has been, or in order to

intimidate such person or any other person or any class of

persons from -

(A) voting or qualifying to vote, qualifying or campaigning

as a candidate for elective office, or qualifying or acting as

a poll watcher, or any legally authorized election official, in

any primary, special, or general election;

(B) participating in or enjoying any benefit, service,

privilege, program, facility, or activity provided or

administered by the United States;

(C) applying for or enjoying employment, or any perquisite

thereof, by any agency of the United States;

(D) serving, or attending upon any court in connection with

possible service, as a grand or petit juror in any court of the

United States;

(E) participating in or enjoying the benefits of any program

or activity receiving Federal financial assistance; or

(2) any person because of his race, color, religion or national

origin and because he is or has been -

(A) enrolling in or attending any public school or public

college;

(B) participating in or enjoying any benefit, service,

privilege, program, facility or activity provided or

administered by any State or subdivision thereof;

(C) applying for or enjoying employment, or any perquisite

thereof, by any private employer or any agency of any State or

subdivision thereof, or joining or using the services or

advantages of any labor organization, hiring hall, or

employment agency;

(D) serving, or attending upon any court of any State in

connection with possible service, as a grand or petit juror;

(E) traveling in or using any facility of interstate

commerce, or using any vehicle, terminal, or facility of any

common carrier by motor, rail, water, or air;

(F) enjoying the goods, services, facilities, privileges,

advantages, or accommodations of any inn, hotel, motel, or

other establishment which provides lodging to transient guests,

or of any restaurant, cafeteria, lunchroom, lunch counter, soda

fountain, or other facility which serves the public and which

is principally engaged in selling food or beverages for

consumption on the premises, or of any gasoline station, or of

any motion picture house, theater, concert hall, sports arena,

stadium, or any other place of exhibition or entertainment

which serves the public, or of any other establishment which

serves the public and (i) which is located within the premises

of any of the aforesaid establishments or within the premises

of which is physically located any of the aforesaid

establishments, and (ii) which holds itself out as serving

patrons of such establishments; or

(3) during or incident to a riot or civil disorder, any person

engaged in a business in commerce or affecting commerce,

including, but not limited to, any person engaged in a business

which sells or offers for sale to interstate travelers a

substantial portion of the articles, commodities, or services

which it sells or where a substantial portion of the articles or

commodities which it sells or offers for sale have moved in

commerce; or

(4) any person because he is or has been, or in order to

intimidate such person or any other person or any class of

persons from -

(A) participating, without discrimination on account of race,

color, religion or national origin, in any of the benefits or

activities described in subparagraphs (1)(A) through (1)(E) or

subparagraphs (2)(A) through (2)(F); or

(B) affording another person or class of persons opportunity

or protection to so participate; or

(5) any citizen because he is or has been, or in order to

intimidate such citizen or any other citizen from lawfully aiding

or encouraging other persons to participate, without

discrimination on account of race, color, religion or national

origin, in any of the benefits or activities described in

subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A)

through (2)(F), or participating lawfully in speech or peaceful

assembly opposing any denial of the opportunity to so participate

-

shall be fined under this title, or imprisoned not more than one

year, or both; and if bodily injury results from the acts committed

in violation of this section or if such acts include the use,

attempted use, or threatened use of a dangerous weapon, explosives,

or fire shall be fined under this title, or imprisoned not more

than ten years, or both; and if death results from the acts

committed in violation of this section or if such acts include

kidnapping or an attempt to kidnap, aggravated sexual abuse or an

attempt to commit aggravated sexual abuse, or an attempt to kill,

shall be fined under this title or imprisoned for any term of years

or for life, or both, or may be sentenced to death. As used in

this section, the term ''participating lawfully in speech or

peaceful assembly'' shall not mean the aiding, abetting, or

inciting of other persons to riot or to commit any act of physical

violence upon any individual or against any real or personal

property in furtherance of a riot. Nothing in subparagraph (2)(F)

or (4)(A) of this subsection shall apply to the proprietor of any

establishment which provides lodging to transient guests, or to any

employee acting on behalf of such proprietor, with respect to the

enjoyment of the goods, services, facilities, privileges,

advantages, or accommodations of such establishment if such

establishment is located within a building which contains not more

than five rooms for rent or hire and which is actually occupied by

the proprietor as his residence.

(c) Nothing in this section shall be construed so as to deter any

law enforcement officer from lawfully carrying out the duties of

his office; and no law enforcement officer shall be considered to

be in violation of this section for lawfully carrying out the

duties of his office or lawfully enforcing ordinances and laws of

the United States, the District of Columbia, any of the several

States, or any political subdivision of a State. For purposes of

the preceding sentence, the term ''law enforcement officer'' means

any officer of the United States, the District of Columbia, a

State, or political subdivision of a State, who is empowered by law

to conduct investigations of, or make arrests because of, offenses

against the United States, the District of Columbia, a State, or a

political subdivision of a State.

(d) For purposes of this section, the term ''State'' includes a

State of the United States, the District of Columbia, and any

commonwealth, territory, or possession of the United States.

-SOURCE-

(Added Pub. L. 90-284, title I, Sec. 101(a), Apr. 11, 1968, 82

Stat. 73; amended Pub. L. 100-690, title VII, Sec. 7020(a), Nov.

18, 1988, 102 Stat. 4396; Pub. L. 101-647, title XII, Sec. 1205(b),

Nov. 29, 1990, 104 Stat. 4830; Pub. L. 103-322, title VI, Sec.

60006(c), title XXXII, Sec. 320103(c), title XXXIII, Sec.

330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 1971, 2109, 2147; Pub.

L. 104-294, title VI, Sec. 604(b)(14)(C), (37), Oct. 11, 1996, 110

Stat. 3507, 3509.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-294 amended Pub. L. 103-322, Sec.

320103(c). See 1994 Amendment notes below.

1994 - Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(L),

substituted ''shall be fined under this title'' for ''shall be

fined not more than $10,000'' before '', or imprisoned not more

than ten years'' in concluding provisions.

Pub. L. 103-322, Sec. 330016(1)(H), substituted ''shall be fined

under this title'' for ''shall be fined not more than $1,000''

before '', or imprisoned not more than one year'' in concluding

provisions.

Pub. L. 103-322, Sec. 320103(c)(4)-(6), in concluding provisions,

inserted ''from the acts committed in violation of this section or

if such acts include kidnapping or an attempt to kidnap, aggravated

sexual abuse or an attempt to commit aggravated sexual abuse, or an

attempt to kill,'' after ''death results'' and substituted ''shall

be fined under this title or imprisoned for any term of years or

for life, or both'' for ''shall be subject to imprisonment for any

term of years or for life''.

Pub. L. 103-322, Sec. 320103(c)(3), which provided for amendment

identical to Pub. L. 103-322, Sec. 330016(1)(L), above, was

repealed by Pub. L. 104-294, Sec. 604(b)(14)(C).

Pub. L. 103-322, Sec. 320103(c)(2), as amended by Pub. L.

104-294, Sec. 604(b)(37), inserted ''from the acts committed in

violation of this section or if such acts include the use,

attempted use, or threatened use of a dangerous weapon, explosives,

or fire'' after ''bodily injury results'' in concluding provisions.

Pub. L. 103-322, Sec. 320103(c)(1), which provided for amendment

identical to Pub. L. 103-322, Sec. 330016(1)(H), above, was

repealed by Pub. L. 104-294, Sec. 604(b)(14)(C).

Pub. L. 103-322, Sec. 60006(c), in concluding provisions,

inserted '', or may be sentenced to death'' before ''. As used in

this section''.

1990 - Subsec. (d). Pub. L. 101-647 added subsec. (d).

1988 - Subsec. (a)(1). Pub. L. 100-690 substituted '', the

Deputy'' for ''or the Deputy'' and inserted '', the Associate

Attorney General, or any Assistant Attorney General specially

designated by the Attorney General'' after ''Deputy Attorney

General''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

FAIR HOUSING

Section 101(b) of Pub. L. 90-284 provided that: ''Nothing

contained in this section (enacting this section) shall apply to or

affect activities under title VIII of this Act (sections 3601 to

3619 of Title 42, The Public Health and Welfare).''

RIOTS OR CIVIL DISTURBANCES, SUPPRESSION AND RESTORATION OF LAW AND

ORDER; ACTS OR OMISSIONS OF ENFORCEMENT OFFICERS AND MEMBERS OF

MILITARY SERVICE NOT SUBJECT TO THIS SECTION

Section 101(c) of Pub. L. 90-284 provided that: ''The provisions

of this section (enacting this section) shall not apply to acts or

omissions on the part of law enforcement officers, members of the

National Guard, as defined in section 101(9) of title 10, United

States Code, members of the organized militia of any State or the

District of Columbia, not covered by such section 101(9), or

members of the Armed Forces of the United States, who are engaged

in suppressing a riot or civil disturbance or restoring law and

order during a riot or civil disturbance.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1202 of this title.

-CITE-

18 USC Sec. 246 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 13 - CIVIL RIGHTS

-HEAD-

Sec. 246. Deprivation of relief benefits

-STATUTE-

Whoever directly or indirectly deprives, attempts to deprive, or

threatens to deprive any person of any employment, position, work,

compensation, or other benefit provided for or made possible in

whole or in part by any Act of Congress appropriating funds for

work relief or relief purposes, on account of political

affiliation, race, color, sex, religion, or national origin, shall

be fined under this title, or imprisoned not more than one year, or

both.

-SOURCE-

(Added Pub. L. 94-453, Sec. 4(a), Oct. 2, 1976, 90 Stat. 1517;

amended Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13,

1994, 108 Stat. 2147.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000''.

-CITE-

18 USC Sec. 247 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 13 - CIVIL RIGHTS

-HEAD-

Sec. 247. Damage to religious property; obstruction of persons in

the free exercise of religious beliefs

-STATUTE-

(a) Whoever, in any of the circumstances referred to in

subsection (b) of this section -

(1) intentionally defaces, damages, or destroys any religious

real property, because of the religious character of that

property, or attempts to do so; or

(2) intentionally obstructs, by force or threat of force, any

person in the enjoyment of that person's free exercise of

religious beliefs, or attempts to do so;

shall be punished as provided in subsection (d).

(b) The circumstances referred to in subsection (a) are that the

offense is in or affects interstate or foreign commerce.

(c) Whoever intentionally defaces, damages, or destroys any

religious real property because of the race, color, or ethnic

characteristics of any individual associated with that religious

property, or attempts to do so, shall be punished as provided in

subsection (d).

(d) The punishment for a violation of subsection (a) of this

section shall be -

(1) if death results from acts committed in violation of this

section or if such acts include kidnapping or an attempt to

kidnap, aggravated sexual abuse or an attempt to commit

aggravated sexual abuse, or an attempt to kill, a fine in

accordance with this title and imprisonment for any term of years

or for life, or both, or may be sentenced to death;

(2) if bodily injury results to any person, including any

public safety officer performing duties as a direct or proximate

result of conduct prohibited by this section, and the violation

is by means of fire or an explosive, a fine under this title or

imprisonment for not more that 40 years, or both;

(3) if bodily injury to any person, including any public safety

officer performing duties as a direct or proximate result of

conduct prohibited by this section, results from the acts

committed in violation of this section or if such acts include

the use, attempted use, or threatened use of a dangerous weapon,

explosives, or fire, a fine in accordance with this title and

imprisonment for not more than 20 years, or both; and

(4) in any other case, a fine in accordance with this title and

imprisonment for not more than one year, or both.

(e) No prosecution of any offense described in this section shall

be undertaken by the United States except upon the certification in

writing of the Attorney General or his designee that in his

judgment a prosecution by the United States is in the public

interest and necessary to secure substantial justice.

(f) As used in this section, the term ''religious real property''

means any church, synagogue, mosque, religious cemetery, or other

religious real property, including fixtures or religious objects

contained within a place of religious worship.

(g) No person shall be prosecuted, tried, or punished for any

noncapital offense under this section unless the indictment is

found or the information is instituted not later than 7 years after

the date on which the offense was committed.

-SOURCE-

(Added Pub. L. 100-346, Sec. 1, June 24, 1988, 102 Stat. 644;

amended Pub. L. 103-322, title VI, Sec. 60006(d), title XXXII, Sec.

320103(d), Sept. 13, 1994, 108 Stat. 1971, 2110; Pub. L. 104-155,

Sec. 3, July 3, 1996, 110 Stat. 1392; Pub. L. 104-294, title VI,

Sec. 601(c)(3), 605(r), Oct. 11, 1996, 110 Stat. 3499, 3511; Pub.

L. 107-273, div. B, title IV, Sec. 4002(c)(1), (e)(4), Nov. 2,

2002, 116 Stat. 1808, 1810.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-273, Sec. 4002(c)(1), repealed

amendment by Pub. L. 107-273, Sec. 605(r). See 1996 Amendment note

below.

Subsec. (e). Pub. L. 107-273, Sec. 4002(e)(4), made technical

correction to directory language of Pub. L. 104-294, Sec.

601(c)(3). See 1996 Amendment note below.

1996 - Subsec. (a). Pub. L. 104-155, Sec. 3(1), substituted

''subsection (d)'' for ''subsection (c) of this section'' in

concluding provisions.

Subsec. (b). Pub. L. 104-155, Sec. 3(3), added subsec. (b) and

struck out former subsec. (b) which read as follows: ''The

circumstances referred to in subsection (a) are that -

''(1) in committing the offense, the defendant travels in

interstate or foreign commerce, or uses a facility or

instrumentality of interstate or foreign commerce in interstate

or foreign commerce; and

''(2) in the case of an offense under subsection (a)(1), the

loss resulting from the defacement, damage, or destruction is

more than $10,000.''

Subsec. (c). Pub. L. 104-155, Sec. 3(2), added subsec. (c).

Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 104-294, Sec. 605(r), which directed the

substitution of ''certification'' for ''notification'' in subsec.

(d), was repealed by Pub. L. 107-273, Sec. 4002(c)(1).

Subsec. (d). Pub. L. 104-155, Sec. 3(2), redesignated subsec. (c)

as (d). Former subsec. (d) redesignated (e).

Subsec. (d)(2). Pub. L. 104-155, Sec. 3(4)(C), added par. (2).

Former par. (2) redesignated (3).

Subsec. (d)(3). Pub. L. 104-155, Sec. 3(4)(A), (B), redesignated

par. (2) as (3), inserted ''to any person, including any public

safety officer performing duties as a direct or proximate result of

conduct prohibited by this section,'' after ''bodily injury'' and

substituted ''20 years'' for ''ten years''. Former par. (3)

redesignated (4).

Subsec. (d)(4). Pub. L. 104-155, Sec. 3(4)(B), redesignated par.

(3) as (4).

Subsec. (e). Pub. L. 104-294, Sec. 601(c)(3), as amended by Pub.

L. 107-273, Sec. 4002(e)(4), substituted ''certification'' for

''notification''.

Pub. L. 104-155, Sec. 3(2), redesignated subsec. (d) as (e).

Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 104-155, Sec. 3(2), (5), redesignated

subsec. (e) as (f), inserted '', including fixtures or religious

objects contained within a place of religious worship'' before the

period, and substituted ''religious real property'' for ''religious

property'' in two places.

Subsec. (g). Pub. L. 104-155, Sec. 3(6), added subsec. (g).

1994 - Subsec. (c)(1). Pub. L. 103-322, Sec. 320103(d)(1),

inserted ''from acts committed in violation of this section or if

such acts include kidnapping or an attempt to kidnap, aggravated

sexual abuse or an attempt to commit aggravated sexual abuse, or an

attempt to kill'' after ''death results''.

Pub. L. 103-322, Sec. 60006(d), inserted '', or may be sentenced

to death'' after ''or both''.

Subsec. (c)(2). Pub. L. 103-322, Sec. 320103(d)(2), struck out

''serious'' before ''bodily'' and inserted ''from the acts

committed in violation of this section or if such acts include the

use, attempted use, or threatened use of a dangerous weapon,

explosives, or fire'' after ''injury results''.

Subsec. (e). Pub. L. 103-322, Sec. 320103(d)(3), amended subsec.

(e) generally. Prior to amendment, subsec. (e) read as follows:

''As used in this section -

''(1) the term 'religious real property' means any church,

synagogue, mosque, religious cemetery, or other religious real

property; and

''(2) the term 'serious bodily injury' means bodily injury that

involves a substantial risk of death, unconsciousness, extreme

physical pain, protracted and obvious disfigurement, or

protracted loss or impairment of the function of a bodily member,

organ, or mental faculty.''

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2,

2002, 116 Stat. 1808, provided that the amendment made by section

4002(c)(1) is effective Oct. 11, 1996.

Pub. L. 107-273, div. B, title IV, Sec. 4002(e)(4), Nov. 2,

2002, 116 Stat. 1810, provided that the amendment made by section

4002(e)(4) is effective Oct. 11, 1996.

CONGRESSIONAL FINDINGS

Section 2 of Pub. L. 104-155 provided that: ''The Congress finds

the following:

''(1) The incidence of arson or other destruction or vandalism

of places of religious worship, and the incidence of violent

interference with an individual's lawful exercise or attempted

exercise of the right of religious freedom at a place of

religious worship pose a serious national problem.

''(2) The incidence of arson of places of religious worship has

recently increased, especially in the context of places of

religious worship that serve predominantly African-American

congregations.

''(3) Changes in Federal law are necessary to deal properly

with this problem.

''(4) Although local jurisdictions have attempted to respond to

the challenges posed by such acts of destruction or damage to

religious property, the problem is sufficiently serious,

widespread, and interstate in scope to warrant Federal

intervention to assist State and local jurisdictions.

''(5) Congress has authority, pursuant to the Commerce Clause

of the Constitution, to make acts of destruction or damage to

religious property a violation of Federal law.

''(6) Congress has authority, pursuant to section 2 of the 13th

amendment to the Constitution, to make actions of private

citizens motivated by race, color, or ethnicity that interfere

with the ability of citizens to hold or use religious property

without fear of attack, violations of Federal criminal law.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 10602.

-CITE-

18 USC Sec. 248 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 13 - CIVIL RIGHTS

-HEAD-

Sec. 248. Freedom of access to clinic entrances

-STATUTE-

(a) Prohibited Activities. - Whoever -

(1) by force or threat of force or by physical obstruction,

intentionally injures, intimidates or interferes with or attempts

to injure, intimidate or interfere with any person because that

person is or has been, or in order to intimidate such person or

any other person or any class of persons from, obtaining or

providing reproductive health services;

(2) by force or threat of force or by physical obstruction,

intentionally injures, intimidates or interferes with or attempts

to injure, intimidate or interfere with any person lawfully

exercising or seeking to exercise the First Amendment right of

religious freedom at a place of religious worship; or

(3) intentionally damages or destroys the property of a

facility, or attempts to do so, because such facility provides

reproductive health services, or intentionally damages or

destroys the property of a place of religious worship,

shall be subject to the penalties provided in subsection (b) and

the civil remedies provided in subsection (c), except that a parent

or legal guardian of a minor shall not be subject to any penalties

or civil remedies under this section for such activities insofar as

they are directed exclusively at that minor.

(b) Penalties. - Whoever violates this section shall -

(1) in the case of a first offense, be fined in accordance with

this title, or imprisoned not more than one year, or both; and

(2) in the case of a second or subsequent offense after a prior

conviction under this section, be fined in accordance with this

title, or imprisoned not more than 3 years, or both;

except that for an offense involving exclusively a nonviolent

physical obstruction, the fine shall be not more than $10,000 and

the length of imprisonment shall be not more than six months, or

both, for the first offense; and the fine shall, notwithstanding

section 3571, be not more than $25,000 and the length of

imprisonment shall be not more than 18 months, or both, for a

subsequent offense; and except that if bodily injury results, the

length of imprisonment shall be not more than 10 years, and if

death results, it shall be for any term of years or for life.

(c) Civil Remedies. -

(1) Right of action. -

(A) In general. - Any person aggrieved by reason of the

conduct prohibited by subsection (a) may commence a civil

action for the relief set forth in subparagraph (B), except

that such an action may be brought under subsection (a)(1) only

by a person involved in providing or seeking to provide, or

obtaining or seeking to obtain, services in a facility that

provides reproductive health services, and such an action may

be brought under subsection (a)(2) only by a person lawfully

exercising or seeking to exercise the First Amendment right of

religious freedom at a place of religious worship or by the

entity that owns or operates such place of religious worship.

(B) Relief. - In any action under subparagraph (A), the court

may award appropriate relief, including temporary, preliminary

or permanent injunctive relief and compensatory and punitive

damages, as well as the costs of suit and reasonable fees for

attorneys and expert witnesses. With respect to compensatory

damages, the plaintiff may elect, at any time prior to the

rendering of final judgment, to recover, in lieu of actual

damages, an award of statutory damages in the amount of $5,000

per violation.

(2) Action by attorney general of the united states. -

(A) In general. - If the Attorney General of the United

States has reasonable cause to believe that any person or group

of persons is being, has been, or may be injured by conduct

constituting a violation of this section, the Attorney General

may commence a civil action in any appropriate United States

District Court.

(B) Relief. - In any action under subparagraph (A), the court

may award appropriate relief, including temporary, preliminary

or permanent injunctive relief, and compensatory damages to

persons aggrieved as described in paragraph (1)(B). The court,

to vindicate the public interest, may also assess a civil

penalty against each respondent -

(i) in an amount not exceeding $10,000 for a nonviolent

physical obstruction and $15,000 for other first violations;

and

(ii) in an amount not exceeding $15,000 for a nonviolent

physical obstruction and $25,000 for any other subsequent

violation.

(3) Actions by state attorneys general. -

(A) In general. - If the Attorney General of a State has

reasonable cause to believe that any person or group of persons

is being, has been, or may be injured by conduct constituting a

violation of this section, such Attorney General may commence a

civil action in the name of such State, as parens patriae on

behalf of natural persons residing in such State, in any

appropriate United States District Court.

(B) Relief. - In any action under subparagraph (A), the court

may award appropriate relief, including temporary, preliminary

or permanent injunctive relief, compensatory damages, and civil

penalties as described in paragraph (2)(B).

(d) Rules of Construction. - Nothing in this section shall be

construed -

(1) to prohibit any expressive conduct (including peaceful

picketing or other peaceful demonstration) protected from legal

prohibition by the First Amendment to the Constitution;

(2) to create new remedies for interference with activities

protected by the free speech or free exercise clauses of the

First Amendment to the Constitution, occurring outside a

facility, regardless of the point of view expressed, or to limit

any existing legal remedies for such interference;

(3) to provide exclusive criminal penalties or civil remedies

with respect to the conduct prohibited by this section, or to

preempt State or local laws that may provide such penalties or

remedies; or

(4) to interfere with the enforcement of State or local laws

regulating the performance of abortions or other reproductive

health services.

(e) Definitions. - As used in this section:

(1) Facility. - The term ''facility'' includes a hospital,

clinic, physician's office, or other facility that provides

reproductive health services, and includes the building or

structure in which the facility is located.

(2) Interfere with. - The term ''interfere with'' means to

restrict a person's freedom of movement.

(3) Intimidate. - The term ''intimidate'' means to place a

person in reasonable apprehension of bodily harm to him- or

herself or to another.

(4) Physical obstruction. - The term ''physical obstruction''

means rendering impassable ingress to or egress from a facility

that provides reproductive health services or to or from a place

of religious worship, or rendering passage to or from such a

facility or place of religious worship unreasonably difficult or

hazardous.

(5) Reproductive health services. - The term ''reproductive

health services'' means reproductive health services provided in

a hospital, clinic, physician's office, or other facility, and

includes medical, surgical, counselling or referral services

relating to the human reproductive system, including services

relating to pregnancy or the termination of a pregnancy.

(6) State. - The term ''State'' includes a State of the United

States, the District of Columbia, and any commonwealth,

territory, or possession of the United States.

-SOURCE-

(Added Pub. L. 103-259, Sec. 3, May 26, 1994, 108 Stat. 694;

amended Pub. L. 103-322, title XXXIII, Sec. 330023(a)(2), (3),

Sept. 13, 1994, 108 Stat. 2150.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322, Sec. 330023(a)(2), amended section

catchline generally. Prior to amendment, catchline read as

follows: ''Sec. 248 Freedom of Access to Clinic Entrances.''

Subsec. (b). Pub. L. 103-322, Sec. 330023(a)(3), in concluding

provisions, inserted '', notwithstanding section 3571,'' before

''be not more than $25,000''.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 330023(b) of Pub. L. 103-322 provided that: ''The

amendments made by this subsection (a) (amending this section)

shall take effect on the date of enactment of the Freedom of Access

to Clinic Entrances Act of 1994 (May 26, 1994).''

EFFECTIVE DATE

Section 6 of Pub. L. 103-259 provided that: ''This Act (see Short

Title note below) takes effect on the date of the enactment of this

Act (May 26, 1994), and shall apply only with respect to conduct

occurring on or after such date.''

SHORT TITLE

Section 1 of Pub. L. 103-259 provided that: ''This Act (enacting

this section and provisions set out as notes under this section)

may be cited as the 'Freedom of Access to Clinic Entrances Act of

1994'.''

SEVERABILITY OF PROVISIONS

Section 5 of Pub. L. 103-259 provided that: ''If any provision of

this Act (see Short Title note above), an amendment made by this

Act, or the application of such provision or amendment to any

person or circumstance is held to be unconstitutional, the

remainder of this Act, the amendments made by this Act, and the

application of the provisions of such to any other person or

circumstance shall not be affected thereby.''

CONGRESSIONAL STATEMENT OF PURPOSE

Section 2 of Pub. L. 103-259 provided that: ''Pursuant to the

affirmative power of Congress to enact this legislation under

section 8 of article I of the Constitution, as well as under

section 5 of the fourteenth amendment to the Constitution, it is

the purpose of this Act (see Short Title note above) to protect and

promote the public safety and health and activities affecting

interstate commerce by establishing Federal criminal penalties and

civil remedies for certain violent, threatening, obstructive and

destructive conduct that is intended to injure, intimidate or

interfere with persons seeking to obtain or provide reproductive

health services.''

-CITE-