§ 242. — Deprivation of rights under color of law.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC242]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 13--CIVIL RIGHTS
Sec. 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.
(June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90-284, title I,
Sec. 103(b), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100-690, title VII,
Sec. 7019, Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103-322, title VI,
Sec. 60006(b), title XXXII, Secs. 320103(b), 320201(b), title XXXIII,
Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 1970, 2109, 2113, 2147;
Pub. L. 104-294, title VI, Secs. 604(b)(14)(B), 607(a), Oct. 11, 1996,
110 Stat. 3507, 3511.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 52 (Mar. 4, 1909, ch. 321,
Sec. 20, 35 Stat. 1092).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ``principal'' in section 2 of this title.
A minor change was made in phraseology.
Amendments
1996--Pub. L. 104-294, Sec. 607(a), substituted ``any State,
Territory, Commonwealth, Possession, or District'' for ``any State,
Territory, or District''.
Pub. L. 104-294, Sec. 604(b)(14)(B), repealed Pub. L. 103-322,
Sec. 320103(b)(1). See 1994 Amendment note below.
1994--Pub. L. 103-322, Sec. 330016(1)(H), substituted ``shall be
fined under this title'' for ``shall be fined not more than $1,000''
after ``citizens,''.
Pub. L. 103-322, Sec. 320201(b), substituted ``any person in any
State'' for ``any inhabitant of any State'' and ``on account of such
person'' for ``on account of such inhabitant''.
Pub. L. 103-322, Sec. 320103(b)(2)-(5), substituted ``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'' for ``bodily injury results shall be fined under this
title or imprisoned not more than ten years, or both; and if death
results shall be subject to imprisonment for any term of years or for
life''.
Pub. L. 103-322, Sec. 320103(b)(1), which provided for amendment
identical to Pub. L. 103-322, Sec. 330016(1)(H), above, was repealed by
Pub. L. 104-294, Sec. 604(b)(14)(B).
Pub. L. 103-322, Sec. 60006(b), inserted before period at end ``, or
may be sentenced to death''.
1988--Pub. L. 100-690 inserted ``and if bodily injury results shall
be fined under this title or imprisoned not more than ten years, or
both;'' after ``or both;''.
1968--Pub. L. 90-284 provided for imprisonment for any term of years
or for life when death results.
Effective Date of 1996 Amendment
Amendment by section 604(b)(14)(B) of Pub. L. 104-294 effective
Sept. 13, 1994, see section 604(d) of Pub. L. 104-294, set out as a note
under section 13 of this title.
