Civil Rights Home
Federal
Civil Rights Statutes
Title
18, U.S.C., Section 241 - Conspiracy Against Rights
Title
18, U.S.C., Section 242 - Deprivation of Rights
Under Color of Law
Title
18, U.S.C., Section 245 - Federally Protected Activities
Title 18, U.S.C., Section 247 - Church Arson Prevention
Act of 1996
Title
18, U.S.C., Section 248 - Freedom of Access to
Clinic Entrances (FACE) Act
Title
18, U.S.C., Section 844(h) - Federal Explosives
Control Statute
Title
42, U.S.C., Section 3631 - Criminal Interference
with Right to Fair Housing
Title
42, U.S.C., Section 14141 - Pattern and Practice
Title 18, U.S.C., Section 241
Conspiracy Against Rights
This
statute makes it unlawful for two or more persons to
conspire to injure, oppress, threaten, or intimidate
any person of any state, territory or district in the
free exercise or enjoyment of any right or privilege
secured to him/her by the Constitution or the laws
of the United States, (or because of his/her having
exercised the same).
It further makes it unlawful for two or more persons to go in disguise on the
highway or on the premises of another with the intent to prevent or hinder
his/her free exercise or enjoyment of any rights so secured.
Punishment varies from a fine or imprisonment of up to ten years, or both;
and if death results, 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 may be sentenced to death.
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Title
18, U.S.C., Section
242
Deprivation of Rights Under Color of Law
This
statute makes it a crime for any person acting under
color of law, statute, ordinance, regulation, or
custom to willfully deprive or cause to be deprived
from any person those rights, privileges, or immunities
secured or protected by the Constitution and laws
of the U.S.
This law further prohibits a person acting under color of law, statute, ordinance,
regulation or custom to willfully subject or cause to be subjected any person
to different punishments, pains, or penalties, than those prescribed for punishment
of citizens on account of such person being an alien or by reason of his/her
color or race.
Acts under "color of any law" include acts not only done by federal,
state, or local officials within the bounds or limits of their lawful authority,
but also acts done without and beyond the bounds of their lawful authority;
provided that, in order for unlawful acts of any official to be done under "color
of any law," the unlawful acts must be done while such official is purporting
or pretending to act in the performance of his/her official duties. This definition
includes, in addition to law enforcement officials, individuals such as Mayors,
Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons
who are bound by laws, statutes ordinances, or customs.
Punishment varies from a fine or imprisonment of up to one year, or both, and
if bodily injury results or if such acts include the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire shall be fined or
imprisoned up to ten years or both, and if death results, 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, or may
be sentenced to death.
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Title
18, U.S.C., Section
245
Federally Protected Activities
1)
This statute prohibits willful injury, intimidation,
or interference, or attempt to do so, by force
or threat of force of any person or class of persons
because of their activity as:
a) A voter, or person qualifying to vote...;
b) a participant in any benefit, service, privilege, program, facility, or
activity provided or administered by the United States;
c) an applicant for federal employment or an employee by the federal government;
d) a juror or prospective juror in federal court; and
e) a participant in any program or activity receiving Federal financial assistance.
2) Prohibits willful injury, intimidation, or interference or attempt to do
so, by force or threat of force of any person because of race, color, religion,
or national origin and because of his/her activity as:
a) A student or applicant for admission to any public school or public College;
b) a participant in any benefit, service, privilege, program, facility, or
activity provided or administered by a state or local government;
c) an applicant for private or state employment, private or state employee;
a member or applicant for membership in any labor organization or hiring hall;
or an applicant for employment through any employment agency, labor organization
or hiring hall;
d) a juror or prospective juror in state court;
e) a traveler or user of any facility of interstate commerce or common carrier;
or
f) a patron of any public accommodation, including hotels, motels, restaurants,
lunchrooms, bars, gas stations, theaters...or any other establishment which
serves the public and which is principally engaged in selling food or beverages
for consumption on the premises.
3) Prohibits interference by force or threat of force against any person because
he/she is or has been, or in order to intimidate such person or any other person
or class of persons from participating or affording others the opportunity
or protection to so participate, or lawfully aiding or encouraging other persons
to participate in any of the benefits or activities listed in items (1) and
(2), above without discrimination as to race, color, religion, or national
origin.
Punishment varies from a fine or imprisonment of up to one year, or both, and
if bodily injury results or if such acts include the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire shall be fined or
imprisoned up to ten years or both, and if death results 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 subject to
imprisonment for any term of years or for life or may be sentenced to death.
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Title
18, U.S.C., Section
247
Church Arson Prevention Act of 1996
Prohibits
(1) intentional defacement, damage, or destruction
of any religious real property, because of the
religious, racial, or ethnic characteristics of
that property, or (2) intentional obstruction by
force or threat of force, or attempts to obstruct
any person in the enjoyment of that person's free
exercise of religious beliefs. If the intent of
the crime is motivated for reasons of religious
animosity, it must be proven that the religious
real property has a sufficient connection with
interstate or foreign commerce. However, if the
intent of the crime is racially motivated, there
is no requirement to satisfy the interstate or
foreign commerce clause.
Punishment varies from one year imprisonment and a fine or both, and if bodily
injury results to any person, including any public safety officer performing
duties as a direct or proximate result of conduct prohibited by this section,
and the violation is by means of fire or an explosive, a fine under this title
or imprisonment of not more than forty years or both; or if such acts include
the use, attempted use, or threatened use of a dangerous weapon, explosives,
or fire shall be fined in accordance with this title and imprisonment for up
to twenty years, or both, and if death results 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 in accordance with this
title and imprisoned for any term of years or for life, or both, or may be
sentenced to death.
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Title
18, U.S.C., Section 248
Freedom of Access to Clinic Entrances (FACE) Act
This
statute prohibits (1) the use of force or threat
of force or physical obstruction, to intentionally
injure, intimidate or interfere with or attempt
to injure, intimidate or interfere with any person
or any class of persons from obtaining or providing
reproductive health services; (2) the use of
force or threat of force or physical obstruction
to intentionally injure, intimidate, or interfere
with or attempt to injure, intimidate, or interfere
with any person lawfully exercising or seeking
to exercise the First Amendment right of religious
freedom at a place of religious worship; or (3)
intentionally damages or destroys the property
of a facility, or attempts to do so, because
such facility provides reproductive health services
or intentionally damages or destroys the property
of a place of religious worship. This statute
does not apply to speech or expressive conduct
protected by the First Amendment. Non obstructive
demonstrations are legal.
Punishment varies from a fine or imprisonment for an offense involving exclusively
a nonviolent physical obstruction, the fine shall be not more than $10,000
and the length of imprisonment shall be up to six months, or both, for the
first offense: and the fine shall, notwithstanding section 3571, be up to $25,000
and the length of imprisonment shall be not more than 18 months, or both, for
a subsequent offense; and if bodily injury results, the length of imprisonment
shall be up to ten years, and if death results, it shall be for any term of
years or for life.
Title
18, U.S.C., Section 844(h)
Federal Explosives Control Statute
Whoever
(1) uses fire or an explosive to commit any felony
which may be prosecuted in a court of the United
States, or (2) carries an explosive during the
commission of any felony which may be prosecuted
in a court of the United States, including a
felony which provides for an enhanced punishment
if committed by the use of a deadly or dangerous
weapon or device shall, in addition to the punishment
provided for such felony, be sentenced to imprisonment
for five years but not more than 15 years. In
the case of a second or subsequent conviction
under this subsection, such persons shall be
sentenced to imprisonment for ten years but not
more than 25 years.
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Title
42, U.S.C., Section
3631
Criminal Interference with Right to Fair Housing
This
statute makes it unlawful for any individual(s),
by the use of force or threatened use of force,
to injure, intimidate, or interfere with (or
attempt to injure, intimidate, or interfere
with), any person's housing rights because
of that person's race, color, religion, sex,
handicap, familial status or national origin.
Among those housing rights enumerated in the
statute are:
- The
sale, purchase, or renting of a dwelling;
- the
occupation of a dwelling;
- the
financing of a dwelling;
- contracting
or negotiating for any of the rights enumerated
above.
- applying
for or participating in any service, organization,
or facility relating to the sale or rental
of dwellings.
This statute also makes it unlawful by the use of force or threatened use of
force, to injure, intimidate, or interfere with any person who is assisting
an individual or class of persons in the exercise of their housing rights.
Punishment varies from a fine of up to $1,000 or imprisonment of up to one
year, or both, and if bodily injury results, shall be fined up to $10,000 or
imprisoned up to ten years, or both, and if death results, shall be subject
to imprisonment for any term of years or for life.
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Title
42, U.S.C., Section 14141
Pattern and Practice
This
civil statute was a provision within the
Crime Control Act of 1994 and makes it unlawful
for any governmental authority, or agent
thereof, or any person acting on behalf of
a governmental authority, to engage in a
pattern or practice of conduct by law enforcement
officers or by officials or employees of
any governmental agency with responsibility
for the administration of juvenile justice
or the incarceration of juveniles that deprives
persons of rights, privileges, or immunities
secured or protected by the Constitution
or laws of the United States.
Whenever the Attorney General has reasonable cause to believe that a violation
has occurred, the Attorney General, for or in the name of the United States,
may in a civil action obtain appropriate equitable and declaratory relief to
eliminate the pattern or practice.
Types of misconduct covered include, among other things:
1. Excessive Force
2. Discriminatory Harassment
3. False Arrest
4. Coercive Sexual Conduct
5. Unlawful Stops, Searches, or Arrests
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