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34 U.S.C. § 30501 — Findings

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 30501 — Findings

Congress makes the following findings: (1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem. (2) Such violence disrupts the tranquility and safety of communities and is deeply divisive. (3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance. (4) Existing Federal law is inadequate to address this problem. (5) A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected. (6) Such violence substantially affects interstate commerce in many ways, including the following: (A) The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence. (B) Members of targeted groups are prevented from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity. (C) Perpetrators cross State lines to commit such violence. (D) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence. (E) Such violence is committed using articles that have traveled in interstate commerce. (7) For generations, the institutions of slavery and involuntary servitude were defined by the

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Source location: Title 34, Chapter 305, § 30501; chapter-305-hate-crimes.md

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Congress makes the following findings: (1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem. (2) Such violence disrupts the tranquility and safety of communities and is deeply divisive. (3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance. (4) Existing Federal law is inadequate to address this problem. (5) A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected. (6) Such violence substantially affects interstate commerce in many ways, including the following: (A) The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence. (B) Members of targeted groups are prevented from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity. (C) Perpetrators cross State lines to commit such violence. (D) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence. (E) Such violence is committed using articles that have traveled in interstate commerce. (7) For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude. (8) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct “races”. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States. (9) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes. (10) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States, local jurisdictions, and Indian tribes.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 249 — Hate crime acts

**(a) In General.—** (1) **Offenses involving actual or perceived race, color, religion, or national origin.—** — Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person— (A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (i) death results from the offense; or (ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (2) **Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.—** (A) *In general.—* — Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person— (i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and (ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (I) death results from the offense; or (II) the offense includes kidnapping or an attempt to ki

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10101 — Establishment of Office of Justice Programs

There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 30501 — Findings

Page 576 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30501 ment, whether administered by such govern- ment or by a private organization on behalf of such government, and includes— (A) any local jail or police lockup; and (B) any juvenile facility used for the cus- tody or care of juvenile inmates. (8) Prison rape The term ‘‘prison rape’’ includes the rape of an inmate in the actual or constructive con- trol of prison officials. (9) Rape The term ‘‘rape’’ means— (A) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fond- ling of a person, forcibly or against that per- son’s will; (B) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fond- ling of a person not forcibly or against the person’s will, where the victim is incapable of giving consent because of his or her youth or his or her temporary or permanent men- tal or physical incapacity; or (C) the carnal knowledge, oral sodomy, sexual assault with an object, or sexual fond- ling of a person achieved through the exploi- tation of the fear or threat of physical vio- lence or bodily injury. (10) Sexual assault with an object The term ‘‘sexual assault with an object’’ means the use of any hand, finger, object, or other instrument to penetrate, however slight- ly, the genital or anal opening of the body of another person. (11) Sexual fondling The term ‘‘sexual fondling’’ means the touching of the private body parts of another person (including the genitalia, anus, groin, breast, inner thigh, or buttocks) for the pur- pose of sexual gratification. (12) Exclusions The terms and conditions described in para- graphs (9) and (10) shall not apply to— (A) custodial or medical personnel gath- ering physical evidence, or engaged in other legitimate me

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