Federal
Civil Rights Statutes
Title
18, U.S.C., Section 241 - Conspiracy Against Rights
Title
18, U.S.C., Section 242 - Deprivation of Rights Under
Color of Law
Title
18, U.S.C., Section 245 - Federally Protected Activities
Title 18, U.S.C., Section 247 - Church Arson Prevention
Act of 1996
Title
18, U.S.C., Section 248 - Freedom of Access to Clinic
Entrances (FACE) Act
Title
18, U.S.C., Section 844(h) - Federal Explosives Control
Statute
Title
42, U.S.C., Section 3631 - Criminal Interference with
Right to Fair Housing
Title
42, U.S.C., Section 14141 - Pattern and Practice
Title 18, U.S.C., Section 241
Conspiracy Against Rights
This
statute makes it unlawful for two or more persons to
conspire to injure, oppress, threaten, or intimidate
any person of any state, territory or district in the
free exercise or enjoyment of any right or privilege
secured to him/her by the Constitution or the laws
of the United States, (or because of his/her having
exercised the same).
It further makes it unlawful for two or more persons to go in disguise on the
highway or on the premises of another with the intent to prevent or hinder
his/her free exercise or enjoyment of any rights so secured.
Punishment varies from a fine or imprisonment of up to ten years, or both;
and if death results, 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 may be sentenced to death.
Back
To Top
Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law
This
statute makes it a crime for any person acting under
color of law, statute, ordinance, regulation, or custom
to willfully deprive or cause to be deprived from any
person those rights, privileges, or immunities secured
or protected by the Constitution and laws of the U.S.
This law further prohibits a person acting under color of law, statute, ordinance,
regulation or custom to willfully subject or cause to be subjected any person
to different punishments, pains, or penalties, than those prescribed for punishment
of citizens on account of such person being an alien or by reason of his/her
color or race.
Acts under "color of any law" include acts not only done by federal,
state, or local officials within the bounds or limits of their lawful authority,
but also acts done without and beyond the bounds of their lawful authority;
provided that, in order for unlawful acts of any official to be done under "color
of any law," the unlawful acts must be done while such official is purporting
or pretending to act in the performance of his/her official duties. This definition
includes, in addition to law enforcement officials, individuals such as Mayors,
Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons
who are bound by laws, statutes ordinances, or customs.
Punishment varies from a fine or imprisonment of up to one year, or both, and
if bodily injury results or if such acts include the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire shall be fined or
imprisoned up to ten years or both, and if death results, 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.
Back
To Top
Title 18, U.S.C., Section 245
Federally Protected Activities
1)
This statute prohibits willful injury, intimidation,
or interference, or attempt to do so, by force or threat
of force of any person or class of persons because
of their activity as:
a) A voter, or person qualifying to vote...;
b) a participant in any benefit, service, privilege, program, facility, or
activity provided or administered by the United States;
c) an applicant for federal employment or an employee by the federal government;
d) a juror or prospective juror in federal court; and
e) a participant in any program or activity receiving Federal financial assistance.
2) Prohibits willful injury, intimidation, or interference or attempt to do
so, by force or threat of force of any person because of race, color, religion,
or national origin and because of his/her activity as:
a) A student or applicant for admission to any public school or public College;
b) a participant in any benefit, service, privilege, program, facility, or
activity provided or administered by a state or local government;
c) an applicant for private or state employment, private or state employee;
a member or applicant for membership in any labor organization or hiring hall;
or an applicant for employment through any employment agency, labor organization
or hiring hall;
d) a juror or prospective juror in state court;
e) a traveler or user of any facility of interstate commerce or common carrier;
or
f) a patron of any public accommodation, including hotels, motels, restaurants,
lunchrooms, bars, gas stations, theaters...or any other establishment which
serves the public and which is principally engaged in selling food or beverages
for consumption on the premises.
3) Prohibits interference by force or threat of force against any person because
he/she is or has been, or in order to intimidate such person or any other person
or class of persons from participating or affording others the opportunity
or protection to so participate, or lawfully aiding or encouraging other persons
to participate in any of the benefits or activities listed in items (1) and
(2), above without discrimination as to race, color, religion, or national
origin.
Punishment varies from a fine or imprisonment of up to one year, or both, and
if bodily injury results or if such acts include the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire shall be fined or
imprisoned up to ten years or both, and if death results 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 subject to
imprisonment for any term of years or for life or may be sentenced to death.
Back
To Top
Title 18, U.S.C., Section 247
Church Arson Prevention Act of 1996
Prohibits
(1) intentional defacement, damage, or destruction
of any religious real property, because of the religious,
racial, or ethnic characteristics of that property,
or (2) intentional obstruction by force or threat of
force, or attempts to obstruct any person in the enjoyment
of that person's free exercise of religious beliefs.
If the intent of the crime is motivated for reasons
of religious animosity, it must be proven that the
religious real property has a sufficient connection
with interstate or foreign commerce. However, if the
intent of the crime is racially motivated, there is
no requirement to satisfy the interstate or foreign
commerce clause.
Punishment varies from one year imprisonment and a fine or both, and 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 of not more than forty years or both; or if such acts include
the use, attempted use, or threatened use of a dangerous weapon, explosives,
or fire shall be fined in accordance with this title and imprisonment for up
to twenty years, or both, and if death results 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 in accordance with this
title and imprisoned for any term of years or for life, or both, or may be
sentenced to death.
Back
To Top
Title 18, U.S.C., Section 248
Freedom of Access to Clinic Entrances (FACE) Act
This
statute prohibits (1) the use of force or threat of
force or physical obstruction, to intentionally injure,
intimidate or interfere with or attempt to injure,
intimidate or interfere with any person or any class
of persons from obtaining or providing reproductive
health services; (2) the use of force or threat of
force or physical obstruction to intentionally injure,
intimidate, or interfere with or attempt 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. This statute does not apply to speech or expressive
conduct protected by the First Amendment. Non obstructive
demonstrations are legal.
Punishment varies from a fine or imprisonment 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 up to six months, or both, for the
first offense: and the fine shall, notwithstanding section 3571, be up to $25,000
and the length of imprisonment shall be not more than 18 months, or both, for
a subsequent offense; and if bodily injury results, the length of imprisonment
shall be up to ten years, and if death results, it shall be for any term of
years or for life.
Back
To Top
Title 18, U.S.C., Section 844(h)
Federal Explosives Control Statute
Whoever
(1) uses fire or an explosive to commit any felony
which may be prosecuted in a court of the United States,
or (2) carries an explosive during the commission of
any felony which may be prosecuted in a court of the
United States, including a felony which provides for
an enhanced punishment if committed by the use of a
deadly or dangerous weapon or device shall, in addition
to the punishment provided for such felony, be sentenced
to imprisonment for five years but not more than 15
years. In the case of a second or subsequent conviction
under this subsection, such persons shall be sentenced
to imprisonment for ten years but not more than 25
years.
Back
To Top
Title 42, U.S.C., Section 3631
Criminal Interference with Right to Fair Housing
This
statute makes it unlawful for any individual(s), by
the use of force or threatened use of force, to injure,
intimidate, or interfere with (or attempt to injure,
intimidate, or interfere with), any person's housing
rights because of that person's race, color, religion,
sex, handicap, familial status or national origin.
Among those housing rights enumerated in the statute
are:
- The
sale, purchase, or renting of a dwelling;
- the
occupation of a dwelling;
- the
financing of a dwelling;
- contracting
or negotiating for any of the rights enumerated above.
- applying
for or participating in any service, organization,
or facility relating to the sale or rental of dwellings.
This statute also makes it unlawful by the use of force or threatened use of
force, to injure, intimidate, or interfere with any person who is assisting
an individual or class of persons in the exercise of their housing rights.
Punishment varies from a fine of up to $1,000 or imprisonment of up to one
year, or both, and if bodily injury results, shall be fined up to $10,000 or
imprisoned up to ten years, or both, and if death results, shall be subject
to imprisonment for any term of years or for life.
Back
To Top
Title 42, U.S.C., Section 14141
Pattern and Practice
This
civil statute was a provision within the Crime Control
Act of 1994 and makes it unlawful for any governmental
authority, or agent thereof, or any person acting on
behalf of a governmental authority, to engage in a
pattern or practice of conduct by law enforcement officers
or by officials or employees of any governmental agency
with responsibility for the administration of juvenile
justice or the incarceration of juveniles that deprives
persons of rights, privileges, or immunities secured
or protected by the Constitution or laws of the United
States.
Whenever the Attorney General has reasonable cause to believe that a violation
has occurred, the Attorney General, for or in the name of the United States,
may in a civil action obtain appropriate equitable and declaratory relief to
eliminate the pattern or practice.
Types of misconduct covered include, among other things:
1. Excessive Force
2. Discriminatory Harassment
3. False Arrest
4. Coercive Sexual Conduct
5. Unlawful Stops, Searches, or Arrests
Back
To Top