Chapter 13

Federal Crime Statutes
18 U.S. Code Part I
Chapter 13 — Civil Rights

This chapter forms the foundation of federal civil rights criminal law, addressing everything from conspiracies against rights to hate crimes and religious liberty.

Sections:

§ 241 — Conspiracy against rights

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.

§ 242 — Deprivation of rights under color of law

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.

§ 243 — Exclusion of jurors on account of race or color

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.

§ 244 — Discrimination against person wearing uniform of armed forces

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.

§ 245 — Federally protected activities

(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;
• (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;
• (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;
• (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;
• (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.

§ 246 — Deprivation of relief benefits

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.

§ 247 — Damage to religious property; obstruction of persons in the free exercise of religious beliefs

(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, including by threat of force against religious real property, 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) or (c) 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 than 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;
4. if damage to or destruction of property results from the acts committed in violation of this section, which damage to or destruction of such property is in an amount that exceeds $5,000, a fine in accordance with this title, imprisonment for not more than 3 years, or both; and
5. 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, or real property owned or leased by a nonprofit, religiously affiliated organization.

(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.

§ 248 — Freedom of access to clinic entrances

(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)…
   • (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…
2. Action by attorney general of the United States.—
   • (A) In general.—If the Attorney General…has reasonable cause to believe…
   • (B) Relief.—…The court, to vindicate the public interest, may also assess a civil penalty against each respondent—
     1. in an amount not exceeding $10,000 for a nonviolent physical obstruction and $15,000 for other first violations; and
     2. 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…
   • (B) Relief.—…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)…
2. to create new remedies for interference with activities protected by the free speech or free exercise clauses…
3. to provide exclusive criminal penalties or civil remedies…
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…
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…
4. Physical obstruction. The term “physical obstruction” means rendering impassable ingress to or egress from a facility…
5. Reproductive health services. The term “reproductive health services” means reproductive health services provided in a hospital, clinic, physician’s office, or other facility…
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.

§ 249 — Hate crime acts

(a) In General.—

1. Offenses involving actual or perceived race, color, religion, or national origin.—
   Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or,
   through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device,
   attempts to cause bodily injury to any person, because of the actual or perceived race, color,
   religion, or national origin of any person—
   1. shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
   2. shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—
      1. death results from the offense; or
      2. the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
2. Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.—
   1. In general.— Whoever, whether or not acting under color of law… (continued)
   2. Circumstances described.— For purposes of subparagraph (A)… (continued)
3. Offenses occurring in the special maritime or territorial jurisdiction of the United States.—
   Subject to the same penalties.
4. Guidelines.— All prosecutions shall follow guidelines issued by the Attorney General.
5. Lynching.— Conspiracies resulting in death or serious bodily injury subject to up to 30 years.
6. Other conspiracies.— Also subject to up to 30 years if severe harm or attempts occur.

(b) Certification Requirement.—

1. In general.— Prosecution only with certification from the Attorney General or designee that:
   1. State lacks jurisdiction;
   2. State requests federal involvement;
   3. State outcome failed to vindicate federal interests;
   4. Federal action is in the public interest.
2. Rule of construction.— Federal investigations are not limited by this section.

(c) Definitions.—

1. “Bodily injury”: as in section 1365(h)(4); excludes emotional harm only.
2. “Explosive or incendiary device”: as in section 232.
3. “Firearm”: as in section 921(a).
4. “Gender identity”: actual or perceived gender-related traits.
5. “State”: includes DC, Puerto Rico, territories, possessions.

(d) Statute of Limitations.—

1. 7 years for nonfatal offenses.
2. No time limit for death-related offenses.

(e) Supervised Release.— May include education or service in affected communities.

§ 250 — Penalties for civil rights offenses involving sexual misconduct

(a) Offense.—
It shall be unlawful for any person to, in the course of committing an offense under this chapter or under section 901 of the Fair Housing Act (42 U.S.C. 3631), engage in, or cause another to engage in, sexual misconduct.

(b) Penalties.— Any person who violates subsection (a) shall be—

1. in the case of an offense involving aggravated sexual abuse, as defined in section 2241, or if the offense involved sexual abuse, as defined in section 2242, or if the offense involved an attempt to commit such aggravated sexual abuse or sexual abuse, fined under this title and imprisoned for any term of years or for life;
2. in the case of an offense involving abusive sexual contact of a child who has not attained the age of 16, of the type prohibited by section 2244(a)(5), fined under this title and imprisoned for any term of years or for life;
3. in the case of an offense involving a sexual act, as defined in section 2246, with another person without the other person’s permission, and it does not amount to sexual abuse or aggravated sexual abuse, be fined under this title and imprisoned for not more than 40 years;
4. in the case of an offense involving abusive sexual contact of the type prohibited by subsection (a)(1) or (b) of section 2244, but excluding abusive sexual contact through the clothing—
   1. fined under this title and imprisoned for not more than 10 years; and
   2. if the offense involves a child who has not attained the age of 12 years, imprisoned for not more than 30 years;
5. in the case of an offense involving abusive sexual contact of the type prohibited by section 2244(a)(2)—
   1. fined under this title and imprisoned for not more than 3 years; and
   2. if the offense involves a child under the age of 12, imprisoned for not more than 20 years;
6. in the case of an offense involving abusive sexual contact through the clothing of the type prohibited by subsection (a)(3), (a)(4), or (b) of section 2244—
   1. fined under this title and imprisoned for not more than 2 years; and
   2. if the offense involves a child under the age of 12, imprisoned for not more than 10 years.