Notes on 18 U.S.C. § 241 : US Code - Notes

Search Notes on 18 U.S.C. § 241 : US Code - Notes

(June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90-284, title I,
Sec. 103(a), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100-690, title
VII, Sec. 7018(a), (b)(1), Nov. 18, 1988, 102 Stat. 4396; Pub. L.
103-322, title VI, Sec. 60006(a), title XXXII, Secs. 320103(a),
320201(a), title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108
Stat. 1970, 2109, 2113, 2147; Pub. L. 104-294, title VI, Secs.
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., Sec. 51 (Mar. 4, 1909, ch.
321, Sec. 19, 35 Stat. 1092).
Clause making conspirator ineligible to hold office was omitted
as incongruous because it attaches ineligibility 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 imposing 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 violations of the act.
Mandatory punishment provision was rephrased in the alternative.
Minor changes in phraseology were made.
AMENDMENTS
1996 - Pub. L. 104-294, Sec. 607(a), substituted "any State,
Territory, Commonwealth, Possession, or District" for "any State,
Territory, or District" in first par.
Pub. L. 104-294, Sec. 604(b)(14)(A), repealed Pub. L. 103-322,
Sec. 320103(a)(1). See 1994 Amendment note below.
1994 - Pub. L. 103-322, Sec. 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, Sec. 320201(a), substituted "person in any
State" for "inhabitant of any State" in first par.
Pub. L. 103-322, Sec. 320103(a)(2)-(4), in third par.,
substituted "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 attempt to commit aggravated 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" for
"results, they shall be subject to imprisonment for any term of
years or for life".
Pub. L. 103-322, Sec. 320103(a)(1), which provided for amendment
identical to Pub. L. 103-322, Sec. 330016(1)(L), above, was
repealed by Pub. L. 104-294, Sec. 604(b)(14)(A).
Pub. L. 103-322, Sec. 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 "inhabitant 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.
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, Sec. 1, July 3, 1996, 110 Stat. 1392, provided
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'."