18 U.S.C. § 245 : US Code - Section 245: Federally protected activities

Search 18 U.S.C. § 245 : US Code - Section 245: Federally protected activities

      (a)(1) Nothing in this section shall be construed as indicating
    an intent on the part of Congress to prevent any State, any
    possession or Commonwealth of the United States, or the District of
    Columbia, from exercising jurisdiction over any offense over which
    it would have jurisdiction in the absence of this section, nor
    shall anything in this section be construed as depriving State and
    local law enforcement authorities of responsibility for prosecuting
    acts that may be violations of this section and that are violations
    of State and local law. No prosecution of any offense described in
    this section shall be undertaken by the United States except upon
    the certification in writing of the Attorney General, the Deputy
    Attorney General, the Associate Attorney General, or any Assistant
    Attorney General specially designated by the Attorney General that
    in his judgment a prosecution by the United States is in the public
    interest and necessary to secure substantial justice, which
    function of certification may not be delegated.
      (2) Nothing in this subsection shall be construed 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 injures, intimidates or interferes
    with, or attempts 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 benefit, 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 benefits of any program
        or activity receiving Federal financial assistance; or

        (2) any person because of his race, color, religion 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 benefit, 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 employer or any agency of any State or
        subdivision thereof, or joining or using the services 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 service, 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 establishment 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 premises, 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 located within the premises
        of any of the aforesaid establishments or within the premises
        of which is physically located any of the aforesaid
        establishments, and (ii) which holds itself out as serving
        patrons of such establishments; or

        (3) during or incident to a riot or civil disorder, 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 interstate travelers a
      substantial portion of the articles, commodities, or services
      which it sells or where a substantial portion of the articles or
      commodities which it sells or offers for sale have moved in
      commerce; or
        (4) 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) participating, without discrimination on account of race,
        color, religion or national origin, in any of the benefits or
        activities described in subparagraphs (1)(A) through (1)(E) or
        subparagraphs (2)(A) through (2)(F); or
          (B) affording another person or class of persons opportunity
        or protection to so participate; or

        (5) any citizen because he is or has been, or in order to
      intimidate such citizen or any other citizen from lawfully aiding
      or encouraging other persons to participate, without
      discrimination on account of race, color, religion or national
      origin, in any of the benefits or activities described in
      subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A)
      through (2)(F), or participating lawfully in speech or peaceful
      assembly opposing any denial of the opportunity to so participate
      - 

    shall be fined under this title, or imprisoned 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 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,
    shall be fined under this title or imprisoned for any term of years
    or for life, or both, or may be sentenced to death. As used in this
    section, the term "participating lawfully in speech or peaceful
    assembly" shall not mean the aiding, abetting, or inciting of other
    persons to riot or to commit any act of physical violence upon any
    individual or against any real or personal property in furtherance
    of a riot. Nothing in subparagraph (2)(F) or (4)(A) of this
    subsection shall apply to the proprietor of any establishment which
    provides lodging to transient guests, or to any employee acting on
    behalf of such proprietor, with respect to the enjoyment of the
    goods, services, facilities, privileges, advantages, or
    accommodations of such establishment if such establishment is
    located within a building which contains not more than five rooms
    for rent or hire and which is actually occupied by the proprietor
    as his residence.
      (c) Nothing in this section shall be construed so as to deter any
    law enforcement officer from lawfully carrying out the duties of
    his office; and no law enforcement officer shall be considered to
    be in violation of this section for lawfully carrying out the
    duties of his office or lawfully enforcing ordinances and laws of
    the United States, the District of Columbia, any of the several
    States, or any political subdivision of a State. For purposes of
    the preceding sentence, the term "law enforcement officer" means
    any officer of the United States, the District of Columbia, a
    State, or political subdivision of a State, who is empowered by law
    to conduct investigations of, or make arrests because of, offenses
    against the United States, the District of Columbia, a State, or a
    political subdivision of a State.
      (d) For purposes of this section, the term "State" includes a
    State of the United States, the District of Columbia, and any
    commonwealth, territory, or possession of the United States.