§ 245. — Federally protected activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC245]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 13--CIVIL RIGHTS
Sec. 245. Federally protected activities
(a)(1) Nothing in this section shall be construed as indicating an
intent on the part of Congress to prevent any State, any possession or
Commonwealth of the United States, or the District of Columbia, from
exercising jurisdiction over any offense over which it would have
jurisdiction in the absence of this section, nor shall anything in this
section be construed as depriving State and local law enforcement
authorities of responsibility for prosecuting acts that may be
violations of this section and that are violations of State and local
law. No prosecution of any offense described in this section shall be
undertaken by the United States except upon the certification in writing
of the Attorney General, the Deputy Attorney General, the Associate
Attorney General, or any Assistant Attorney General specially designated
by the Attorney General that in his judgment a prosecution by the United
States is in the public interest and necessary to secure substantial
justice, which function of certification may not be delegated.
(2) Nothing in this subsection shall be construed to limit the
authority of Federal officers, or a Federal grand jury, to investigate
possible violations of this section.
(b) Whoever, whether or not acting under color of law, by force or
threat of force willfully injures, intimidates or interferes with, or
attempts to injure, intimidate or interfere with--
(1) any person because he is or has been, or in order to
intimidate such person or any other person or any class of persons
from--
(A) voting or qualifying to vote, qualifying or campaigning
as a candidate for elective office, or qualifying or acting as a
poll watcher, or any legally authorized election official, in
any primary, special, or general election;
(B) participating in or enjoying any benefit, service,
privilege, program, facility, or activity provided or
administered by the United States;
(C) applying for or enjoying employment, or any perquisite
thereof, by any agency of the United States;
(D) serving, or attending upon any court in connection with
possible service, as a grand or petit juror in any court of the
United States;
(E) participating in or enjoying the benefits of any program
or activity receiving Federal financial assistance; or
(2) any person because of his race, color, religion or national
origin and because he is or has been--
(A) enrolling in or attending any public school or public
college;
(B) participating in or enjoying any benefit, service,
privilege, program, facility or activity provided or
administered by any State or subdivision thereof;
(C) applying for or enjoying employment, or any perquisite
thereof, by any private employer or any agency of any State or
subdivision thereof, or joining or using the services or
advantages of any labor organization, hiring hall, or employment
agency;
(D) serving, or attending upon any court of any State in
connection with possible service, as a grand or petit juror;
(E) traveling in or using any facility of interstate
commerce, or using any vehicle, terminal, or facility of any
common carrier by motor, rail, water, or air;
(F) enjoying the goods, services, facilities, privileges,
advantages, or accommodations of any inn, hotel, motel, or other
establishment which provides lodging to transient guests, or of
any restaurant, cafeteria, lunchroom, lunch counter, soda
fountain, or other facility which serves the public and which is
principally engaged in selling food or beverages for consumption
on the premises, or of any gasoline station, or of any motion
picture house, theater, concert hall, sports arena, stadium, or
any other place of exhibition or entertainment which serves the
public, or of any other establishment which serves the public
and (i) which is located within the premises of any of the
aforesaid establishments or within the premises of which is
physically located any of the aforesaid establishments, and (ii)
which holds itself out as serving patrons of such
establishments; or
(3) during or incident to a riot or civil disorder, any person
engaged in a business in commerce or affecting commerce, including,
but not limited to, any person engaged in a business which sells or
offers for sale to interstate travelers a substantial portion of the
articles, commodities, or services which it sells or where a
substantial portion of the articles or commodities which it sells or
offers for sale have moved in commerce; or
(4) any person because he is or has been, or in order to
intimidate such person or any other person or any class of persons
from--
(A) participating, without discrimination on account of
race, color, religion or national origin, in any of the benefits
or activities described in subparagraphs (1)(A) through (1)(E)
or subparagraphs (2)(A) through (2)(F); or
(B) affording another person or class of persons opportunity
or protection to so participate; or
(5) any citizen because he is or has been, or in order to
intimidate such citizen or any other citizen from lawfully aiding or
encouraging other persons to participate, without discrimination on
account of race, color, religion or national origin, in any of the
benefits or activities described in subparagraphs (1)(A) through
(1)(E) or subparagraphs (2)(A) through (2)(F), or participating
lawfully in speech or peaceful assembly opposing any denial of the
opportunity to so participate--
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. As
used in this section, the term ``participating lawfully in speech or
peaceful assembly'' shall not mean the aiding, abetting, or inciting of
other persons to riot or to commit any act of physical violence upon any
individual or against any real or personal property in furtherance of a
riot. Nothing in subparagraph (2)(F) or (4)(A) of this subsection shall
apply to the proprietor of any establishment which provides lodging to
transient guests, or to any employee acting on behalf of such
proprietor, with respect to the enjoyment of the goods, services,
facilities, privileges, advantages, or accommodations of such
establishment if such establishment is located within a building which
contains not more than five rooms for rent or hire and which is actually
occupied by the proprietor as his residence.
(c) Nothing in this section shall be construed so as to deter any
law enforcement officer from lawfully carrying out the duties of his
office; and no law enforcement officer shall be considered to be in
violation of this section for lawfully carrying out the duties of his
office or lawfully enforcing ordinances and laws of the United States,
the District of Columbia, any of the several States, or any political
subdivision of a State. For purposes of the preceding sentence, the term
``law enforcement officer'' means any officer of the United States, the
District of Columbia, a State, or political subdivision of a State, who
is empowered by law to conduct investigations of, or make arrests
because of, offenses against the United States, the District of
Columbia, a State, or a political subdivision of a State.
(d) For purposes of this section, the term ``State'' includes a
State of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
(Added Pub. L. 90-284, title I, Sec. 101(a), Apr. 11, 1968, 82 Stat. 73;
amended Pub. L. 100-690, title VII, Sec. 7020(a), Nov. 18, 1988, 102
Stat. 4396; Pub. L. 101-647, title XII, Sec. 1205(b), Nov. 29, 1990, 104
Stat. 4830; Pub. L. 103-322, title VI, Sec. 60006(c), title XXXII,
Sec. 320103(c), title XXXIII, Sec. 330016(1)(H), (L), Sept. 13, 1994,
108 Stat. 1971, 2109, 2147; Pub. L. 104-294, title VI,
Sec. 604(b)(14)(C), (37), Oct. 11, 1996, 110 Stat. 3507, 3509.)
Amendments
1996--Subsec. (b). Pub. L. 104-294 amended Pub. L. 103-322,
Sec. 320103(c). See 1994 Amendment notes below.
1994--Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(L), substituted
``shall be fined under this title'' for ``shall be fined not more than
$10,000'' before ``, or imprisoned not more than ten years'' in
concluding provisions.
Pub. L. 103-322, Sec. 330016(1)(H), substituted ``shall be fined
under this title'' for ``shall be fined not more than $1,000'' before
``, or imprisoned not more than one year'' in concluding provisions.
Pub. L. 103-322, Sec. 320103(c)(4)-(6), in concluding provisions,
inserted ``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,'' after ``death results'' and substituted ``shall be fined under
this title or imprisoned for any term of years or for life, or both''
for ``shall be subject to imprisonment for any term of years or for
life''.
Pub. L. 103-322, Sec. 320103(c)(3), which provided for amendment
identical to Pub. L. 103-322, Sec. 330016(1)(L), above, was repealed by
Pub. L. 104-294, Sec. 604(b)(14)(C).
Pub. L. 103-322, Sec. 320103(c)(2), as amended by Pub. L. 104-294,
Sec. 604(b)(37), inserted ``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'' after ``bodily injury
results'' in concluding provisions.
Pub. L. 103-322, Sec. 320103(c)(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)(C).
Pub. L. 103-322, Sec. 60006(c), in concluding provisions, inserted
``, or may be sentenced to death'' before ``. As used in this section''.
1990--Subsec. (d). Pub. L. 101-647 added subsec. (d).
1988--Subsec. (a)(1). Pub. L. 100-690 substituted ``, the Deputy''
for ``or the Deputy'' and inserted ``, the Associate Attorney General,
or any Assistant Attorney General specially designated by the Attorney
General'' after ``Deputy Attorney General''.
Effective Date of 1996 Amendment
Amendment by 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.
Fair Housing
Section 101(b) of Pub. L. 90-284 provided that: ``Nothing contained
in this section [enacting this section] shall apply to or affect
activities under title VIII of this Act [sections 3601 to 3619 of Title
42, The Public Health and Welfare].''
Riots or Civil Disturbances, Suppression and Restoration of Law and
Order; Acts or Omissions of Enforcement Officers and Members of Military
Service Not Subject to This Section
Section 101(c) of Pub. L. 90-284 provided that: ``The provisions of
this section [enacting this section] shall not apply to acts or
omissions on the part of law enforcement officers, members of the
National Guard, as defined in section 101(9) of title 10, United States
Code, members of the organized militia of any State or the District of
Columbia, not covered by such section 101(9), or members of the Armed
Forces of the United States, who are engaged in suppressing a riot or
civil disturbance or restoring law and order during a riot or civil
disturbance.''
Section Referred to in Other Sections
This section is referred to in section 1202 of this title.
