18 U.S.C. § 247 – Damage to Religious Property; Obstruction of Free Exercise
This statute makes it a federal crime to damage religious property or interfere with a person’s free exercise of religion through force or threats.
This law targets acts motivated by hostility toward religion, religious practice, or the racial, color, or ethnic characteristics of people associated with a religious institution.
Federal jurisdiction applies when the conduct occurs in or affects interstate or foreign commerce.
What the law prohibits.
A person violates this statute if they intentionally:
- Deface, damage, or destroy religious real property because of the religious character of that property
- Deface, damage, or destroy religious real property because of the race, color, or ethnic characteristics of individuals associated with that property
- Obstruct, by force or threat of force (including threats against religious property), any person in the free exercise of religious beliefs
- Attempt any of the above acts
What counts as religious real property.
The statute defines religious real property broadly. It includes churches, synagogues, mosques, religious cemeteries, and other places of worship, along with fixtures, religious objects, and property owned or leased by nonprofit religious organizations.
Penalties.
Penalties depend on the severity of the conduct and resulting harm:
- Up to 1 year in prison if no serious injury or major property damage occurs
- Up to 3 years if property damage exceeds $5,000
- Up to 20 years if bodily injury results or a dangerous weapon, fire, or explosives are used or threatened
- Up to 40 years if bodily injury results from fire or explosives
- Any term of years or life imprisonment, or the death penalty, if death results or the offense includes kidnapping, aggravated sexual abuse, or attempted killing
Federal prosecution requirements.
A federal prosecution under this statute requires written certification by the Attorney General or a designee stating that the case serves the public interest and is necessary to secure substantial justice.
Statute of limitations.
Noncapital offenses under this section must be charged within 7 years of the alleged conduct.
If you are facing federal charges involving alleged damage to religious property or interference with religious exercise, call (314) 900-HELP or contact our defense team to discuss your options.
