18 U.S.C. § 250 — Penalties for civil rights offenses involving

Page 100 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 250 UNITED STATES.—Whoever, within the special maritime or territorial jurisdiction of the United States, engages in conduct described in paragraph (1) or in paragraph (2)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (2)(B)) shall be subject to the same penalties as pre- scribed in those paragraphs. (4) GUIDELINES.—All prosecutions conducted by the United States under this section shall be undertaken pursuant to guidelines issued by the Attorney General, or the designee of the Attorney General, to be included in the United States Attorneys’ Manual that shall establish neutral and objective criteria for de- termining whether a crime was committed be- cause of the actual or perceived status of any person. (5) LYNCHING.—Whoever conspires to commit any offense under paragraph (1), (2), or (3) shall, if death or serious bodily injury (as de- fined in section 2246 of this title) results from the offense, be imprisoned for not more than 30 years, fined in accordance with this title, or both. (6) OTHER CONSPIRACIES.—Whoever conspires to commit any offense under paragraph (1), (2), or (3) shall, if death or serious bodily injury (as defined in section 2246 of this title) results from the offense, or if the offense includes kid- napping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggra- vated sexual abuse, or an attempt to kill, be imprisoned for not more than 30 years, fined in accordance with this title, or both. (b) CERTIFICATION REQUIREMENT.— (1) IN GENERAL.—No prosecution of any of- fense described in this subsection may be un- dertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that— (A) the State does not have jurisdiction; (B) the State has requested that the Fed- eral Government assume jurisdiction; (C) the verdict or sentence obtained pursu- ant to State charges left demonstratively unvindicated the Federal interest in eradi- cating bias-motivated violence; or (D) a prosecution by the United States is in the public interest and necessary to se- cure substantial justice. (2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to limit the au- thority of Federal officers, or a Federal grand jury, to investigate possible violations of this section. (c) DEFINITIONS.—In this section— (1) the term ‘‘bodily injury’’ has the meaning given such term in section 1365(h)(4) of this title, but does not include solely emotional or psychological harm to the victim; (2) the term ‘‘explosive or incendiary device’’ has the meaning given such term in section 232 of this title; (3) the term ‘‘firearm’’ has the meaning given such term in section 921(a) of this title; (4) the term ‘‘gender identity’’ means actual or perceived gender-related characteristics; and (5) the term ‘‘State’’ includes the District of Columbia, Puerto Rico, and any other terri- tory or possession of the United States. (d) STATUTE OF LIMITATIONS.— (1) OFFENSES NOT RESULTING IN DEATH.—Ex- cept as provided in paragraph (2), no person shall be prosecuted, tried, or punished for any offense under this section unless the indict- ment for such offense is found, or the informa- tion for such offense is instituted, not later than 7 years after the date on which the of- fense was committed. (2) DEATH RESULTING OFFENSES.—An indict- ment or information alleging that an offense under this section resulted in death may be found or instituted at any time without limi- tation. (e) SUPERVISED RELEASE.—If a court includes, as a part of a sentence of imprisonment imposed for a violation of subsection (a), a requirement that the defendant be placed on a term of super- vised release after imprisonment under section 3583, the court may order, as an explicit condi- tion of supervised release, that the defendant undertake educational classes or community service directly related to the community harmed by the defendant’s offense. (Added and amended Pub. L. 111–84, div. E, §§ 4707(a), 4711, Oct. 28, 2009, 123 Stat. 2838, 2842; Pub. L. 117–13, § 5(h), May 20, 2021, 135 Stat. 272; Pub. L. 117–107, § 2, Mar. 29, 2022, 136 Stat. 1125.) Editorial Notes AMENDMENTS 2022—Subsec. (a)(5), (6). Pub. L. 117–107 added pars. (5) and (6). 2021—Subsec. (e). Pub. L. 117–13 added subsec. (e). 2009—Subsec. (a)(4). Pub. L. 111–84, § 4711, added par. (4). Statutory Notes and Related Subsidiaries SEVERABILITY Pub. L. 111–84, div. E, § 4709, Oct. 28, 2009, 123 Stat. 2841, which related to severability of provisions, was editorially reclassified as section 30505 of Title 34, Crime Control and Law Enforcement. RULE OF CONSTRUCTION Pub. L. 111–84, div. E, § 4710, Oct. 28, 2009, 123 Stat. 2841, which related to construction, was editorially re- classified as section 30506 of Title 34, Crime Control and Law Enforcement. FINDINGS Pub. L. 111–84, div. E, § 4702, Oct. 28, 2009, 123 Stat. 2835, which set out Congressional findings related to hate crimes, was editorially reclassified as section 30501 of Title 34, Crime Control and Law Enforcement. § 250. Penalties for civil rights offenses involving sexual misconduct (a) OFFENSE.—It shall be unlawful for any per- son to, in the course of committing an offense under this chapter or under section 901 of the Fair Housing Act (42 U.S.C. 3631), engage in, or cause another to engage in, sexual misconduct. (b) PENALTIES.—Any person who violates sub- section (a) shall be— (1) in the case of an offense involving aggra- vated sexual abuse, as defined in section 2241, Page 101 TITLE 18—CRIMES AND CRIMINAL PROCEDURE [§ 282 or if the offense involved sexual abuse, as de- fined in section 2242, or if the offense involved an attempt to commit such aggravated sexual abuse or sexual abuse, fined under this title and imprisoned for any term of years or for life; (2) in the case of an offense involving abu- sive sexual contact of a child who has not at- tained the age of 16, of the type prohibited by section 2244(a)(5), fined under this title and imprisoned for any term of years or for life; (3) in the case of an offense involving a sex- ual act, as defined in section 2246, with an- other person without the other person’s per- mission, and it does not amount to sexual abuse or aggravated sexual abuse, be fined under this title and imprisoned for not more than 40 years; (4) in the case of an offense involving abu- sive sexual contact of the type prohibited by subsection (a)(1) or (b) of section 2244, but ex- cluding abusive sexual contact through the clothing— (A) fined under this title and imprisoned for not more than 10 years; and (B) if the offense involves a child who has not attained the age of 12 years, imprisoned for not more than 30 years; (5) in the case of an offense involving abu- sive sexual contact of the type prohibited by section 2244(a)(2)— (A) fined under this title and imprisoned for not more than 3 years; and (B) if the offense involves a child under the age of 12, imprisoned for not more than 20 years; and (6) in the case of an offense involving abu- sive sexual contact through the clothing of the type prohibited by subsection (a)(3), (a)(4), or (b) of section 2244— (A) fined under this title and imprisoned for not more than 2 years; and (B) if the offense involves a child under the age of 12, imprisoned for not more than 10 years. (Added Pub. L. 117–103, div. W, title XII, § 1202(a)(1), Mar. 15, 2022, 136 Stat. 923.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade. CHAPTER 15—CLAIMS AND SERVICES IN MATTERS AFFECTING GOVERNMENT Sec. [281 to 284. Repealed.] 285. Taking or using papers relating to claims. 286. Conspiracy to defraud the Government with respect to claims. 287. False, fictitious or fraudulent claims. 288. False claims for postal losses. 289. False claims for pensions. 290. Discharge papers withheld by claim agent. 291. Purchase of claims for fees by court officials. 292. Solicitation of employment and receipt of un- approved fees concerning Federal employ- ees’ compensation. Sec. [293. Repealed.] Editorial Notes AMENDMENTS 2002—Pub. L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, repealed amendment by Pub. L. 104–294, § 602(d). See 1996 Amendment note below. 1996—Pub. L. 104–106, div. D, title XLIII, § 4304(c)(2), Feb. 10, 1996, 110 Stat. 664, struck out item 281 ‘‘Restric- tions on retired military officers regarding certain matters affecting the Government’’. Pub. L. 104–294, title VI, § 602(d), Oct. 11, 1996, 110 Stat. 3503, which amended analysis identically, was repealed by Pub. L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, effective Oct. 11, 1996. 1989—Pub. L. 101–123, § 3(a), Oct. 23, 1989, 103 Stat. 760, struck out item 293 ‘‘Limitation on Government con- tract costs’’. 1988—Pub. L. 100–700, § 3(b), Nov. 19, 1988, 102 Stat. 4633, added item 293. 1987—Pub. L. 100–180, div. A, title VIII, § 822(b)(2), Dec. 4, 1987, 101 Stat. 1133, added item 281, struck out former item 281 ‘‘Compensation to Members of Congress, offi- cers, and others in matters affecting Government’’, item 282 ‘‘Practice in Court of Claims by Members of Congress’’, item 283 ‘‘Officers or employees interested in claims against the Government’’, and item 284 ‘‘Dis- qualification of former officers and employees in mat- ters connected with former duties’’. 1966—Pub. L. 89–554, § 3(a), Sept. 6, 1966, 80 Stat. 608, added item 292. [§ 281. Repealed. Pub. L. 104–106, div. D, title XLIII, § 4304(b)(3), Feb. 10, 1996, 110 Stat. 664; Pub. L. 104–294, title VI, § 602(d), Oct. 11, 1996, 110 Stat. 3503] Section, added Pub. L. 100–180, div. A, title VIII, § 822(b)(1), Dec. 4, 1987, 101 Stat. 1132, related to restric- tions on retired military officers regarding certain matters affecting the Government. Pub. L. 104–294, title VI, § 602(d), Oct. 11, 1996, 110 Stat. 3503, which repealed this section, was repealed by Pub. L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, effective Oct. 11, 1996. A prior section 281, acts June 25, 1948, ch. 645, 62 Stat. 697; May 24, 1949, ch. 139, § 6, 63 Stat. 90, which related to compensation to Members of Congress, officers and others in matters affecting the Government, was re- pealed by Pub. L. 87–849, §§ 2, 4, Oct. 23, 1962, 76 Stat. 1126, eff. 90 days after Oct. 23, 1962, which repeal contin- ued limited applicability to retired officers of the Armed Forces of the United States. Pub. L. 100–180, div. A, title VIII, § 822(a), Dec. 4, 1987, 101 Stat. 1132, repealed such prior section 281 to the extent that it had not been repealed by section 2 of Pub. L. 87–849. See section 203 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL For effective date and applicability of repeal by Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under sec- tion 2220 of Title 10, Armed Forces. [§ 282. Repealed. Pub. L. 87–849, § 2, Oct. 23, 1962, 76 Stat. 1126] Section, act June 25, 1948, ch. 645, 62 Stat. 697, related to practice in Court of Claims by Members of Congress. Section was supplanted by section 204 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87–849, set out as an Effective Date note under section 201 of this title.