§ 248. — Freedom of access to clinic entrances.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC248]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 13--CIVIL RIGHTS
Sec. 248. Freedom of access to clinic entrances
(a) Prohibited Activities.--Whoever--
(1) by force or threat of force or by physical obstruction,
intentionally injures, intimidates or interferes with or attempts to
injure, intimidate or interfere with any person because that person
is or has been, or in order to intimidate such person or any other
person or any class of persons from, obtaining or providing
reproductive health services;
(2) by force or threat of force or by physical obstruction,
intentionally injures, intimidates or interferes with or attempts 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,
shall be subject to the penalties provided in subsection (b) and the
civil remedies provided in subsection (c), except that a parent or legal
guardian of a minor shall not be subject to any penalties or civil
remedies under this section for such activities insofar as they are
directed exclusively at that minor.
(b) Penalties.--Whoever violates this section shall--
(1) in the case of a first offense, be fined in accordance with
this title, or imprisoned not more than one year, or both; and
(2) in the case of a second or subsequent offense after a prior
conviction under this section, be fined in accordance with this
title, or imprisoned not more than 3 years, or both;
except that 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 not more than six months, or both, for the first
offense; and the fine shall, notwithstanding section 3571, be not more
than $25,000 and the length of imprisonment shall be not more than 18
months, or both, for a subsequent offense; and except that if bodily
injury results, the length of imprisonment shall be not more than 10
years, and if death results, it shall be for any term of years or for
life.
(c) Civil Remedies.--
(1) Right of action.--
(A) In general.--Any person aggrieved by reason of the
conduct prohibited by subsection (a) may commence a civil action
for the relief set forth in subparagraph (B), except that such
an action may be brought under subsection (a)(1) only by a
person involved in providing or seeking to provide, or obtaining
or seeking to obtain, services in a facility that provides
reproductive health services, and such an action may be brought
under subsection (a)(2) only by a person lawfully exercising or
seeking to exercise the First Amendment right of religious
freedom at a place of religious worship or by the entity that
owns or operates such place of religious worship.
(B) Relief.--In any action under subparagraph (A), the court
may award appropriate relief, including temporary, preliminary
or permanent injunctive relief and compensatory and punitive
damages, as well as the costs of suit and reasonable fees for
attorneys and expert witnesses. With respect to compensatory
damages, the plaintiff may elect, at any time prior to the
rendering of final judgment, to recover, in lieu of actual
damages, an award of statutory damages in the amount of $5,000
per violation.
(2) Action by attorney general of the united states.--
(A) In general.--If the Attorney General of the United
States has reasonable cause to believe that any person or group
of persons is being, has been, or may be injured by conduct
constituting a violation of this section, the Attorney General
may commence a civil action in any appropriate United States
District Court.
(B) Relief.--In any action under subparagraph (A), the court
may award appropriate relief, including temporary, preliminary
or permanent injunctive relief, and compensatory damages to
persons aggrieved as described in paragraph (1)(B). The court,
to vindicate the public interest, may also assess a civil
penalty against each respondent--
(i) in an amount not exceeding $10,000 for a nonviolent
physical obstruction and $15,000 for other first violations;
and
(ii) in an amount not exceeding $15,000 for a nonviolent
physical obstruction and $25,000 for any other subsequent
violation.
(3) Actions by state attorneys general.--
(A) In general.--If the Attorney General of a State has
reasonable cause to believe that any person or group of persons
is being, has been, or may be injured by conduct constituting a
violation of this section, such Attorney General may commence a
civil action in the name of such State, as parens patriae on
behalf of natural persons residing in such State, in any
appropriate United States District Court.
(B) Relief.--In any action under subparagraph (A), the court
may award appropriate relief, including temporary, preliminary
or permanent injunctive relief, compensatory damages, and civil
penalties as described in paragraph (2)(B).
(d) Rules of Construction.--Nothing in this section shall be
construed--
(1) to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the First Amendment to the Constitution;
(2) to create new remedies for interference with activities
protected by the free speech or free exercise clauses of the First
Amendment to the Constitution, occurring outside a facility,
regardless of the point of view expressed, or to limit any existing
legal remedies for such interference;
(3) to provide exclusive criminal penalties or civil remedies
with respect to the conduct prohibited by this section, or to
preempt State or local laws that may provide such penalties or
remedies; or
(4) to interfere with the enforcement of State or local laws
regulating the performance of abortions or other reproductive health
services.
(e) Definitions.--As used in this section:
(1) Facility.--The term ``facility'' includes a hospital,
clinic, physician's office, or other facility that provides
reproductive health services, and includes the building or structure
in which the facility is located.
(2) Interfere with.--The term ``interfere with'' means to
restrict a person's freedom of movement.
(3) Intimidate.--The term ``intimidate'' means to place a person
in reasonable apprehension of bodily harm to him- or herself or to
another.
(4) Physical obstruction.--The term ``physical obstruction''
means rendering impassable ingress to or egress from a facility that
provides reproductive health services or to or from a place of
religious worship, or rendering passage to or from such a facility
or place of religious worship unreasonably difficult or hazardous.
(5) Reproductive health services.--The term ``reproductive
health services'' means reproductive health services provided in a
hospital, clinic, physician's office, or other facility, and
includes medical, surgical, counselling or referral services
relating to the human reproductive system, including services
relating to pregnancy or the termination of a pregnancy.
(6) State.--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. 103-259, Sec. 3, May 26, 1994, 108 Stat. 694; amended
Pub. L. 103-322, title XXXIII, Sec. 330023(a)(2), (3), Sept. 13, 1994,
108 Stat. 2150.)
Amendments
1994--Pub. L. 103-322, Sec. 330023(a)(2), amended section catchline
generally. Prior to amendment, catchline read as follows: ``Sec. 248
Freedom of Access to Clinic Entrances.''
Subsec. (b). Pub. L. 103-322, Sec. 330023(a)(3), in concluding
provisions, inserted ``, notwithstanding section 3571,'' before ``be not
more than $25,000''.
Effective Date of 1994 Amendment
Section 330023(b) of Pub. L. 103-322 provided that: ``The amendments
made by this subsection (a) [amending this section] shall take effect on
the date of enactment of the Freedom of Access to Clinic Entrances Act
of 1994 [May 26, 1994].''
Effective Date
Section 6 of Pub. L. 103-259 provided that: ``This Act [see Short
Title note below] takes effect on the date of the enactment of this Act
[May 26, 1994], and shall apply only with respect to conduct occurring
on or after such date.''
Short Title
Section 1 of Pub. L. 103-259 provided that: ``This Act [enacting
this section and provisions set out as notes under this section] may be
cited as the `Freedom of Access to Clinic Entrances Act of 1994'.''
Severability of Provisions
Section 5 of Pub. L. 103-259 provided that: ``If any provision of
this Act [see Short Title note above], an amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any other person or circumstance shall not be affected
thereby.''
Congressional Statement of Purpose
Section 2 of Pub. L. 103-259 provided that: ``Pursuant to the
affirmative power of Congress to enact this legislation under section 8
of article I of the Constitution, as well as under section 5 of the
fourteenth amendment to the Constitution, it is the purpose of this Act
[see Short Title note above] to protect and promote the public safety
and health and activities affecting interstate commerce by establishing
Federal criminal penalties and civil remedies for certain violent,
threatening, obstructive and destructive conduct that is intended to
injure, intimidate or interfere with persons seeking to obtain or
provide reproductive health services.''
