18 U.S.C. § 249 – Hate Crime Acts (Federal)
This statute makes it a federal crime to willfully cause or attempt to cause bodily injury to a person because of certain protected characteristics.
This statute targets bias-motivated violence resulting in bodily injury or attempted bodily injury.
It applies to offenses committed because of a person’s actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability, under specified federal jurisdictional circumstances.
What the law prohibits.
A person violates this statute if they willfully:
- Cause bodily injury to another person because of the actual or perceived race, color, religion, or national origin of any person
- Attempt to cause bodily injury to another person because of the actual or perceived race, color, religion, or national origin of any person through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device
- Cause bodily injury to another person because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person, under circumstances involving interstate or foreign commerce or federal jurisdiction
- Attempt to cause bodily injury because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, under circumstances involving interstate or foreign commerce or federal jurisdiction
- Conspire to commit any of the above offenses when death or serious bodily injury results, or when the offense includes kidnapping, aggravated sexual abuse, or an attempt to kill
Penalties.
A person convicted under this statute shall be fined under this title or imprisoned for not more than ten years, or both.
If death results from the offense, or if 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, the penalty shall be imprisonment for any term of years or for life, a fine under this title, or both.
A conspiracy resulting in death or serious bodily injury, or involving kidnapping, aggravated sexual abuse, or an attempt to kill, is punishable by imprisonment for not more than thirty years, a fine under this title, or both.
If you’re being investigated or charged under a federal hate crime statute, call (314) 900-HELP or contact our criminal defense attorneys to discuss your situation.
