18 U.S.C. § 244 — Discrimination against person wearing

Page 93 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 244 itant of any State, Territory, or District’’ for ‘‘citizen’’ in text. 1968—Pub. L. 90–284 increased limitation on fines from $5,000 to $10,000 and provided for imprisonment for any term of years or for life when death results. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 604(b)(14)(A) of Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title. SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–155, § 1, July 3, 1996, 110 Stat. 1392, pro- vided that: ‘‘This Act [amending section 247 of this title and section 10602 of Title 42, The Public Health and Welfare, enacting provisions set out as a note under section 247 of this title, and amending provisions set out as a note under section 534 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Church Arson Prevention Act of 1996’.’’ § 242. Deprivation of rights under color of law Whoever, under color of any law, statute, ordi- nance, regulation, or custom, willfully subjects any person in any State, Territory, Common- wealth, Possession, or District to the depriva- tion of any rights, privileges, or immunities se- cured or protected by the Constitution or laws of the United States, or to different punish- ments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or im- prisoned not more than one year, or both; and if bodily injury 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, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this sec- tion or if such acts include kidnapping or an at- tempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, 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(b), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100–690, title VII, § 7019, Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103–322, title VI, § 60006(b), title XXXII, §§ 320103(b), 320201(b), title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 1970, 2109, 2113, 2147; Pub. L. 104–294, title VI, §§ 604(b)(14)(B), 607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 52 (Mar. 4, 1909, ch. 321, § 20, 35 Stat. 1092). Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. A minor change was made in phraseology. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294, § 607(a), substituted ‘‘any State, Territory, Commonwealth, Possession, or District’’ for ‘‘any State, Territory, or District’’. Pub. L. 104–294, § 604(b)(14)(B), repealed Pub. L. 103–322, § 320103(b)(1). See 1994 Amendment note below. 1994—Pub. L. 103–322, § 330016(1)(H), substituted ‘‘shall be fined under this title’’ for ‘‘shall be fined not more than $1,000’’ after ‘‘citizens,’’. Pub. L. 103–322, § 320201(b), substituted ‘‘any person in any State’’ for ‘‘any inhabitant of any State’’ and ‘‘on account of such person’’ for ‘‘on account of such inhab- itant’’. Pub. L. 103–322, § 320103(b)(2)–(5), substituted ‘‘bodily injury 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, explo- sives, or fire, shall be fined under this title or impris- oned not more than ten years, or both; and if death re- sults from the acts committed in violation of this sec- tion 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, shall be fined under this title, or imprisoned for any term of years or for life, or both’’ for ‘‘bodily injury re- sults shall be fined under this title or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life’’. Pub. L. 103–322, § 320103(b)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(H), above, was repealed by Pub. L. 104–294, § 604(b)(14)(B). Pub. L. 103–322, § 60006(b), inserted before period at end ‘‘, or may be sentenced to death’’. 1988—Pub. L. 100–690 inserted ‘‘and if bodily injury re- sults shall be fined under this title or imprisoned not more than ten years, or both;’’ after ‘‘or both;’’. 1968—Pub. L. 90–284 provided for imprisonment for any term of years or for life when death results. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 604(b)(14)(B) of Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title. § 243. Exclusion of jurors on account of race or color No citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State on account of race, color, or previous condition of servitude; and whoever, being an officer or other person charged with any duty in the selec- tion or summoning of jurors, excludes or fails to summon any citizen for such cause, shall be fined not more than $5,000. (June 25, 1948, ch. 645, 62 Stat. 696.) HISTORICAL AND REVISION NOTES Based on section 44 of title 8, U.S.C., 1940 ed., Aliens and Nationality (Mar. 1, 1875, ch. 114, § 4, 18 Stat. 336). Words ‘‘be deemed guilty of a misdemeanor, and’’ were deleted as unnecessary in view of definition of misdemeanor in section 1 of this title. Words ‘‘on conviction thereof’’ were omitted as un- necessary, since punishment follows only after convic- tion. Minimum punishment provisions were omitted. (See reviser’s note under section 203 of this title.) Minor changes in phraseology were made. § 244. Discrimination against person wearing uniform of armed forces Whoever, being a proprietor, manager, or em- ployee of a theater or other public place of en- tertainment or amusement in the District of Co- Page 94 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 245 lumbia, or in any Territory, or Possession of the United States, causes any person wearing the uniform of any of the armed forces of the United States to be discriminated against because of that uniform, shall be fined under this title. (June 25, 1948, ch. 645, 62 Stat. 697; May 24, 1949, ch. 139, § 5, 63 Stat. 90; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., § 523 (Mar. 1, 1911, ch. 187, 36 Stat. 963; Aug. 24, 1912, ch. 387, § 1, 37 Stat. 512; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800). Words ‘‘guilty of a misdemeanor’’, following ‘‘shall be’’, were omitted as unnecessary in view of definition of ‘‘misdemeanor’’ in section 1 of this title. (See revis- er’s note under section 212 of this title.) Changes were made in phraseology. 1949 ACT This section [section 5] substitutes, in section 244 of title 18, U.S.C., ‘‘any of the armed forces of the United States’’ for the enumeration of specific branches and thereby includes the Air Force, formerly part of the Army. This clarification is necessary because of the es- tablishment of the Air Force as a separate branch of the Armed Forces by the act of July 26, 1947. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’. 1949—Act May 24, 1949, substituted ‘‘any of the armed forces of the United States’’ for enumeration of the spe- cific branches. § 245. Federally protected activities (a)(1) Nothing in this section shall be con- strued as indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the Dis- trict of Columbia, from exercising jurisdiction over any offense over which it would have juris- diction in the absence of this section, nor shall anything in this section be construed as depriv- ing State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are viola- tions of State and local law. No prosecution of any offense described in this section shall be un- dertaken by the United States except upon the certification in writing of the Attorney General, the Deputy Attorney General, the Associate At- torney General, or any Assistant Attorney Gen- eral specially designated by the Attorney Gen- eral that in his judgment a prosecution by the United States is in the public interest and nec- essary to secure substantial justice, which func- tion of certification may not be delegated. (2) Nothing in this subsection shall be con- strued to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section. (b) Whoever, whether or not acting under color of law, by force or threat of force willfully in- jures, intimidates or interferes with, or at- tempts to injure, intimidate or interfere with— (1) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from— (A) voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election; (B) participating in or enjoying any ben- efit, service, privilege, program, facility, or activity provided or administered by the United States; (C) applying for or enjoying employment, or any perquisite thereof, by any agency of the United States; (D) serving, or attending upon any court in connection with possible service, as a grand or petit juror in any court of the United States; (E) participating in or enjoying the bene- fits of any program or activity receiving Federal financial assistance; or (2) any person because of his race, color, reli- gion or national origin and because he is or has been— (A) enrolling in or attending any public school or public college; (B) participating in or enjoying any ben- efit, service, privilege, program, facility or activity provided or administered by any State or subdivision thereof; (C) applying for or enjoying employment, or any perquisite thereof, by any private em- ployer or any agency of any State or sub- division thereof, or joining or using the serv- ices or advantages of any labor organization, hiring hall, or employment agency; (D) serving, or attending upon any court of any State in connection with possible serv- ice, as a grand or petit juror; (E) traveling in or using any facility of interstate commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air; (F) enjoying the goods, services, facilities, privileges, advantages, or accommodations of any inn, hotel, motel, or other establish- ment which provides lodging to transient guests, or of any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility which serves the public and which is principally engaged in selling food or beverages for consumption on the prem- ises, or of any gasoline station, or of any motion picture house, theater, concert hall, sports arena, stadium, or any other place of exhibition or entertainment which serves the public, or of any other establishment which serves the public and (i) which is lo- cated within the premises of any of the aforesaid establishments or within the prem- ises of which is physically located any of the aforesaid establishments, and (ii) which holds itself out as serving patrons of such es- tablishments; or (3) during or incident to a riot or civil dis- order, any person engaged in a business in commerce or affecting commerce, including, but not limited to, any person engaged in a business which sells or offers for sale to inter- state travelers a substantial portion of the ar- ticles, commodities, or services which it sells