The portion of Section 245 of Title 18 which is primarilyenforced by the Criminal Section makes it unlawful to willfullyinjure, intimidate or interfere with any person, or to attempt todo so, by force or threat of force, because of that otherperson's race, color, religion or national origin and because ofhis/her activity as one of the following:
The offense is punishable by a range of imprisonment up to alife term, or the death penalty, depending upon the circumstancesof the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 245
(a)(1)Nothing in this section shall be construed as indicating an intent on the partof Congress to prevent any State, any possession or Commonwealth of the UnitedStates, or the District of Columbia, from exercising jurisdiction over any offense overwhich it would have jurisdiction in the absence of this section, nor shall anythingin this section be construed as depriving State and local law enforcement authoritiesof responsibility for prosecuting acts that may be violations of this section and thatare violations of State and local law. No prosecution of any offense described in thissection shall be undertaken by the United States except upon the certification inwriting of the Attorney General, the Deputy Attorney General, the Associate AttorneyGeneral, or any Assistant Attorney General specially designated by the Attorney Generalthat in his judgment a prosecution by the United States is in the public interest andnecessary to secure substantial justice, which function of certification may not bedelegated.
(2) Nothing in this subsection shall beconstrued to limit the authority of Federalofficers, or a Federal grand jury, toinvestigate possible violations of thissection.
(b)Whoever, whether or not acting undercolor of law, by force or threat of forcewillfully injures, intimidates or interfereswith, or attempts to injure, intimidate orinterfere with--
(1)any person because he is or has been,or in order to intimidate such person or anyother person or any class of persons from--
(A) voting or qualifying to vote,qualifying or campaigning as a candidate forelective office, or qualifying or acting as apoll watcher, or any legally authorizedelection official, in any primary, special,or general election;
(B) participating in or enjoying anybenefit, service, privilege, program,facility, or activity provided oradministered by the United States;
(C) applying for or enjoying employment,or any perquisite thereof, by any agency ofthe United States;
(D) serving, or attending upon any courtin connection with possible service, as agrand or petit juror in any court of theUnited States;
(E) participating in or enjoying thebenefits of any program or activity receivingFederal financial assistance; or
(2) any person because of his race, color,religion or national origin and because he isor has been--
(A) enrolling in or attending any publicschool or public college;
(B) participating in or enjoying anybenefit, service, privilege, program,facility or activity provided or administeredby any State or subdivision thereof;
(C) applying for or enjoying employment,or any perquisite thereof, by any privateemployer or any agency of any State orsubdivision thereof, or joining or using theservices or advantages of any labororganization, hiring hall, or employmentagency;
(D) serving, or attending upon any courtof any State in connection with possibleservice, as a grand or petit juror,
(E) traveling in or using any facility ofinterstate commerce, or using any vehicle,terminal, or facility of any common carrierby motor, rail, water, or air;
(F) enjoying the goods, services,facilities, privileges, advantages, or accommodations of any inn, hotel, motel, orother establishment which provides lodging totransient guests, or of any restaurant,cafeteria, lunchroom, lunch counter, sodafountain, or other facility which serves thepublic and which is principally engaged inselling food or beverages for consumption onthe premises, or of any gasoline station, orof any motion picture house, theater, concerthall, sports arena, stadium, or any otherplace of exhibition or entertainment whichserves the public, or of any otherestablishment which serves the public and (i)which is located within the premises of anyof the aforesaid establishments or within thepremises of which is physically located anyof the aforesaid establishments, and (ii)which holds itself out as serving patrons ofsuch establishments; or
(3) during or incident to a riot or civildisorder, any person engaged in a business incommerce or affecting commerce, including,but not limited to, any person engaged in abusiness which sells or offers for sale tointerstate travelers a substantial portion ofthe articles, commodities, or services whichit sells or where a substantial portion ofthe articles or commodities which it sells oroffers for sale have moved in commerce; or
(4) any person because he is or has been,or in order to intimidate such person or anyother person or any class of persons from--
(A) participating, without discriminationon account of race, color, religion ornational origin, in any of the benefits oractivities described in subparagraphs (1)(A)through (1)(E) or subparagraphs (2)(A)through (2)(F); or
(B) affording another person or class ofpersons opportunity or protection to soparticipate; or
(5) any citizen because he is or has been,or in order to intimidate such citizen or anyother citizen from lawfully aiding orencouraging other persons to participate,without discrimination on account of race,color, religion or national origin, in any ofthe benefits or activities described insubparagraphs (1)(A) through (1)(E) orsubparagraphs (2)(A) through (2)(F), orparticipating lawfully in speech or peacefulassembly opposing any denial of theopportunity to so participate--
shall be fined under this title, orimprisoned not more than one year, or both; and if bodily injury results from the actscommitted in violation of this section or ifsuch acts include the use, attempted use, orthreatened use of a dangerous weapon,explosives, or fire shall be fined under thistitle, or imprisoned not more than ten years,or both; and if death results from the actscommitted in violation of this section or ifsuch acts include kidnaping or an attempt tokidnap, aggravated sexual abuse or an attemptto commit aggravated sexual abuse, or anattempt to kill, shall be fined under thistitle or imprisoned for any term of years orfor life, or both, or may be sentenced todeath. As used in this section, the term"participating lawfully in speech or peacefulassembly" shall not mean the aiding,abetting, or inciting of other persons toriot or to commit any act of physicalviolence upon any individual or against anyreal or personal property in furtherance of ariot. Nothing in subparagraph (2)(F) or(4)(A) of this subsection shall apply to theproprietor of any establishment whichprovides lodging to transient guests, or toany employee acting on behalf of suchproprietor, with respect to the enjoyment ofthe goods, services, facilities, privileges,advantages, or accommodations of suchestablishment if such establishment islocated within a building which contains notmore than five rooms for rent or hire andwhich is actually occupied by the proprietoras his residence.
(c) Nothing in this section shall beconstrued so as to deter any law enforcementofficer from lawfully carrying out the dutiesof his office; and no law enforcementofficer shall be considered to be inviolation of this section for lawfullycarrying out the duties of his office orlawfully enforcing ordinances and laws of theUnited States, the District of Columbia, anyof the several States, or any politicalsubdivision of a State. For purposes of thepreceding sentence, the term "law enforcementofficer" means any officer of the UnitedStates, the District of Columbia, a State, orpolitical subdivision of a State, who isempowered by law to conduct investigationsof, or make arrests because of, offensesagainst the United States, the District ofColumbia, a State, or a political subdivisionof a State.
(d) For purposes of this section, the term"State" includes a State of the UnitedStates, the District of Columbia, and anycommonwealth, territory, or possession of theUnited States.
 |
 |
Thomas E. Perez |
Assistant Attorney General |
 |
Civil Rights Division |
(202) 514-4609 Telephone Device for the Deaf (TTY) (202) 514-0716 |
