18 U.S.C. § 232 — Definitions

Page 91 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 232 Editorial Notes REFERENCES IN TEXT Paragraphs (17), (37), and (41) of section 40102 of title 49, referred to in par. (9)(A), (B), probably means para- graphs (17), (37), and (41) of subsection (a) of section 40102 of title 49. Paragraphs (37) and (41) were subse- quently redesignated as (41) and (46), respectively, by Pub. L. 108–176, title II, § 225(a)(1), (3), Dec. 12, 2003, 117 Stat. 2528. AMENDMENTS 2006—Par. (9)(C). Pub. L. 109–304 substituted ‘‘section 70502(b) of title 46, United States Code’’ for ‘‘section 3(b) of the Maritime Drug Enforcement Act, as amend- ed (46 U.S.C., App. sec. 1903(b))’’. CHAPTER 12—CIVIL DISORDERS Sec. 231. Civil disorders. 232. Definitions. 233. Preemption. Editorial Notes AMENDMENTS 1968—Pub. L. 90–284, title X, § 1002(a), Apr. 11, 1968, 82 Stat. 90, added chapter 12 and items 231 to 233. § 231. Civil disorders (a)(1) Whoever teaches or demonstrates to any other person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully em- ployed for use in, or in furtherance of, a civil disorder which may in any way or degree ob- struct, delay, or adversely affect commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function; or (2) Whoever transports or manufactures for transportation in commerce any firearm, or ex- plosive or incendiary device, knowing or having reason to know or intending that the same will be used unlawfully in furtherance of a civil dis- order; or (3) Whoever commits or attempts to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder which in any way or degree ob- structs, delays, or adversely affects commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function— Shall be fined under this title or imprisoned not more than five years, or both. (b) Nothing contained in this section shall make unlawful any act of any law enforcement officer which is performed in the lawful perform- ance of his official duties. (Added Pub. L. 90–284, title X, § 1002(a), Apr. 11, 1968, 82 Stat. 90; amended Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ in concluding par. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 90–284, title X, § 1001, Apr. 11, 1968, 82 Stat. 90, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Civil Obedience Act of 1968’.’’ § 232. Definitions For purposes of this chapter: (1) The term ‘‘civil disorder’’ means any public disturbance involving acts of violence by assem- blages of three or more persons, which causes an immediate danger of or results in damage or in- jury to the property or person of any other indi- vidual. (2) The term ‘‘commerce’’ means commerce (A) between any State or the District of Colum- bia and any place outside thereof; (B) between points within any State or the District of Co- lumbia, but through any place outside thereof; or (C) wholly within the District of Columbia. (3) The term ‘‘federally protected function’’ means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof; and such term shall specifically include, but not be limited to, the collection and dis- tribution of the United States mails. (4) The term ‘‘firearm’’ means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explo- sive; or the frame or receiver of any such weap- on. (5) The term ‘‘explosive or incendiary device’’ means (A) dynamite and all other forms of high explosives, (B) any explosive bomb, grenade, missile, or similar device, and (C) any incen- diary bomb or grenade, fire bomb, or similar de- vice, including any device which (i) consists of or includes a breakable container including a flammable liquid or compound, and a wick com- posed of any material which, when ignited, is ca- pable of igniting such flammable liquid or com- pound, and (ii) can be carried or thrown by one individual acting alone. (6) The term ‘‘fireman’’ means any member of a fire department (including a volunteer fire de- partment) of any State, any political subdivi- sion of a State, or the District of Columbia. (7) The term ‘‘law enforcement officer’’ means any officer or employee of the United States, any State, any political subdivision of a State, or the District of Columbia, while engaged in the enforcement or prosecution of any of the criminal laws of the United States, a State, any political subdivision of a State, or the District of Columbia; and such term shall specifically in- clude members of the National Guard (as defined in section 101 of title 10), members of the orga- nized militia of any State, or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia not included within the National Guard (as defined in section 101 of title 10), and members of the Armed Forces of the United States, while engaged in suppressing acts of violence or restoring law and order during a civil disorder. (8) The term ‘‘State’’ includes a State of the United States, and any commonwealth, terri- tory, or possession of the United States. Page 92 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 233 (Added Pub. L. 90–284, title X, § 1002(a), Apr. 11, 1968, 82 Stat. 91; amended Pub. L. 101–647, title XII, § 1205(a), Nov. 29, 1990, 104 Stat. 4830; Pub. L. 102–484, div. A, title X, § 1051(b)(1), Oct. 23, 1992, 106 Stat. 2498.) Editorial Notes AMENDMENTS 1992—Par. (7). Pub. L. 102–484 substituted ‘‘members of the National Guard (as defined in section 101 of title 10),’’ for ‘‘, but shall not be limited to, members of the National Guard, as defined in section 101(9) of title 10, United States Code,’’ and ‘‘not included within the Na- tional Guard (as defined in section 101 of title 10),’’ for ‘‘, not included within the definition of National Guard as defined by such section 101(9),’’. 1990—Par. (8). Pub. L. 101–647 added par. (8). § 233. Preemption Nothing contained in this chapter shall be construed as indicating an intent on the part of Congress to occupy the field in which any provi- sions of the chapter operate to the exclusion of State or local laws on the same subject matter, nor shall any provision of this chapter be con- strued to invalidate any provision of State law unless such provision is inconsistent with any of the purposes of this chapter or any provision thereof. (Added Pub. L. 90–284, title X, § 1002(a), Apr. 11, 1968, 82 Stat. 91.) CHAPTER 13—CIVIL RIGHTS Sec. 241. Conspiracy against rights. 242. Deprivation of rights under color of law. 243. Exclusion of jurors on account of race or color. 244. Discrimination against person wearing uni- form of armed forces. 245. Federally protected activities. 246. Deprivation of relief benefits. 247. Damage to religious property; obstruction of persons in the free exercise of religious be- liefs. 248. Freedom of access to clinic entrances. 249. Hate crime acts. 250. Penalties for civil rights offenses involving sexual misconduct. Editorial Notes AMENDMENTS 2022—Pub. L. 117–103, div. W, title XII, § 1202(a)(2), Mar. 15, 2022, 136 Stat. 924, added item 250. 2009—Pub. L. 111–84, div. E, § 4707(b), Oct. 28, 2009, 123 Stat. 2841, added item 249. 1994—Pub. L. 103–322, title XXXIII, § 330023(a)(1), Sept. 13, 1994, 108 Stat. 2150, substituted ‘‘Freedom of access to clinic entrances’’ for ‘‘Blocking access to reproduc- tive health services’’ in item 248. Pub. L. 103–259, § 4, May 26, 1994, 108 Stat. 697, added item 248. 1988—Pub. L. 100–690, title VII, § 7018(b)(2), Nov. 18, 1988, 102 Stat. 4396, struck out ‘‘of citizens’’ after ‘‘rights’’ in item 241. Pub. L. 100–346, § 3, June 24, 1988, 102 Stat. 645, added item 247. 1976—Pub. L. 94–453, § 4(b), Oct. 2, 1976, 90 Stat. 1517, added item 246. 1968—Pub. L. 90–284, title I, § 102, Apr. 11, 1968, 82 Stat. 75, added item 245. § 241. Conspiracy against rights If two or more persons conspire to injure, op- press, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Con- stitution or laws of the United States, or be- cause of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with in- tent to prevent or hinder his free exercise or en- joyment of any right or privilege so secured— They shall be fined under this title or impris- oned not more than ten years, or both; and if death results from the acts committed in viola- tion of this section or if such acts include kid- napping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggra- vated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. (June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90–284, title I, § 103(a), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100–690, title VII, § 7018(a), (b)(1), Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103–322, title VI, § 60006(a), title XXXII, §§ 320103(a), 320201(a), title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 1970, 2109, 2113, 2147; Pub. L. 104–294, title VI, §§ 604(b)(14)(A), 607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 51 (Mar. 4, 1909, ch. 321, § 19, 35 Stat. 1092). Clause making conspirator ineligible to hold office was omitted as incongruous because it attaches ineligi- bility to hold office to a person who may be a private citizen and who was convicted of conspiracy to violate a specific statute. There seems to be no reason for im- posing such a penalty in the case of one individual crime, in view of the fact that other crimes do not carry such a severe consequence. The experience of the Department of Justice is that this unusual penalty has been an obstacle to successful prosecutions for viola- tions of the act. Mandatory punishment provision was rephrased in the alternative. Minor changes in phraseology were made. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294, § 607(a), substituted ‘‘any State, Territory, Commonwealth, Possession, or District’’ for ‘‘any State, Territory, or District’’ in first par. Pub. L. 104–294, § 604(b)(14)(A), repealed Pub. L. 103–322, § 320103(a)(1). See 1994 Amendment note below. 1994—Pub. L. 103–322, § 330016(1)(L), substituted ‘‘They shall be fined under this title’’ for ‘‘They shall be fined not more than $10,000’’ in third par. Pub. L. 103–322, § 320201(a), substituted ‘‘person in any State’’ for ‘‘inhabitant of any State’’ in first par. Pub. L. 103–322, § 320103(a)(2)–(4), in third par., sub- stituted ‘‘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 at- tempt to commit aggravated sexual abuse, or an at- tempt to kill, they shall be fined under this title or im- prisoned for any term of years or for life, or both’’ for ‘‘results, they shall be subject to imprisonment for any term of years or for life’’. Pub. L. 103–322, § 320103(a)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(L), above, was repealed by Pub. L. 104–294, § 604(b)(14)(A). Pub. L. 103–322, § 60006(a), substituted ‘‘, or may be sentenced to death.’’ for period at end of third par. 1988—Pub. L. 100–690 struck out ‘‘of citizens’’ after ‘‘rights’’ in section catchline and substituted ‘‘inhab-