[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC247]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 13--CIVIL RIGHTS
Sec. 247. Damage to religious property; obstruction of persons
in the free exercise of religious beliefs
(a) Whoever, in any of the circumstances referred to in subsection
(b) of this section--
(1) intentionally defaces, damages, or destroys any religious
real property, because of the religious character of that property,
or attempts to do so; or
(2) intentionally obstructs, by force or threat of force, any
person in the enjoyment of that person's free exercise of religious
beliefs, or attempts to do so;
shall be punished as provided in subsection (d).
(b) The circumstances referred to in subsection (a) are that the
offense is in or affects interstate or foreign commerce.
(c) Whoever intentionally defaces, damages, or destroys any
religious real property because of the race, color, or ethnic
characteristics of any individual associated with that religious
property, or attempts to do so, shall be punished as provided in
subsection (d).
(d) The punishment for a violation of subsection (a) of this section
shall be--
(1) if death results from 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, a fine in accordance with this title
and imprisonment for any term of years or for life, or both, or may
be sentenced to death;
(2) 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 for
not more that 40 years, or both;
(3) if bodily injury to any person, including any public safety
officer performing duties as a direct or proximate result of conduct
prohibited by this section, 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, a
fine in accordance with this title and imprisonment for not more
than 20 years, or both; and
(4) in any other case, a fine in accordance with this title and
imprisonment for not more than one year, or both.
(e) 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 or his designee that in his judgment a
prosecution by the United States is in the public interest and necessary
to secure substantial justice.
(f) As used in this section, the term ``religious real property''
means any church, synagogue, mosque, religious cemetery, or other
religious real property, including fixtures or religious objects
contained within a place of religious worship.
(g) No person shall be prosecuted, tried, or punished for any
noncapital offense under this section unless the indictment is found or
the information is instituted not later than 7 years after the date on
which the offense was committed.
(Added Pub. L. 100-346, Sec. 1, June 24, 1988, 102 Stat. 644; amended
Pub. L. 103-322, title VI, Sec. 60006(d), title XXXII, Sec. 320103(d),
Sept. 13, 1994, 108 Stat. 1971, 2110; Pub. L. 104-155, Sec. 3, July 3,
1996, 110 Stat. 1392; Pub. L. 104-294, title VI, Secs. 601(c)(3),
605(r), Oct. 11, 1996, 110 Stat. 3499, 3511; Pub. L. 107-273, div. B,
title IV, Sec. 4002(c)(1), (e)(4), Nov. 2, 2002, 116 Stat. 1808, 1810.)
Amendments
2002--Subsec. (d). Pub. L. 107-273, Sec. 4002(c)(1), repealed
amendment by Pub. L. 107-273, Sec. 605(r). See 1996 Amendment note
below.
Subsec. (e). Pub. L. 107-273, Sec. 4002(e)(4), made technical
correction to directory language of Pub. L. 104-294, Sec. 601(c)(3). See
1996 Amendment note below.
1996--Subsec. (a). Pub. L. 104-155, Sec. 3(1), substituted
``subsection (d)'' for ``subsection (c) of this section'' in concluding
provisions.
Subsec. (b). Pub. L. 104-155, Sec. 3(3), added subsec. (b) and
struck out former subsec. (b) which read as follows: ``The circumstances
referred to in subsection (a) are that--
``(1) in committing the offense, the defendant travels in
interstate or foreign commerce, or uses a facility or
instrumentality of interstate or foreign commerce in interstate or
foreign commerce; and
``(2) in the case of an offense under subsection (a)(1), the
loss resulting from the defacement, damage, or destruction is more
than $10,000.''
Subsec. (c). Pub. L. 104-155, Sec. 3(2), added subsec. (c). Former
subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 104-294, Sec. 605(r), which directed the
substitution of ``certification'' for ``notification'' in subsec. (d),
was repealed by Pub. L. 107-273, Sec. 4002(c)(1).
Subsec. (d). Pub. L. 104-155, Sec. 3(2), redesignated subsec. (c) as
(d). Former subsec. (d) redesignated (e).
Subsec. (d)(2). Pub. L. 104-155, Sec. 3(4)(C), added par. (2).
Former par. (2) redesignated (3).
Subsec. (d)(3). Pub. L. 104-155, Sec. 3(4)(A), (B), redesignated
par. (2) as (3), inserted ``to any person, including any public safety
officer performing duties as a direct or proximate result of conduct
prohibited by this section,'' after ``bodily injury'' and substituted
``20 years'' for ``ten years''. Former par. (3) redesignated (4).
Subsec. (d)(4). Pub. L. 104-155, Sec. 3(4)(B), redesignated par. (3)
as (4).
Subsec. (e). Pub. L. 104-294, Sec. 601(c)(3), as amended by Pub. L.
107-273, Sec. 4002(e)(4), substituted ``certification'' for
``notification''.
Pub. L. 104-155, Sec. 3(2), redesignated subsec. (d) as (e). Former
subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 104-155, Sec. 3(2), (5), redesignated subsec.
(e) as (f), inserted ``, including fixtures or religious objects
contained within a place of religious worship'' before the period, and
substituted ``religious real property'' for ``religious property'' in
two places.
Subsec. (g). Pub. L. 104-155, Sec. 3(6), added subsec. (g).
1994--Subsec. (c)(1). Pub. L. 103-322, Sec. 320103(d)(1),