18 U.S.C. § 241 — Conspiracy against rights

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- 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-