Notes on 18 U.S.C. § 245 : US Code - Notes

Search Notes on 18 U.S.C. § 245 : US Code - Notes

(Added Pub. L. 90-284, title I, Sec. 101(a), Apr. 11, 1968, 82
Stat. 73; amended Pub. L. 100-690, title VII, Sec. 7020(a), Nov.
18, 1988, 102 Stat. 4396; Pub. L. 101-647, title XII, Sec. 1205(b),
Nov. 29, 1990, 104 Stat. 4830; Pub. L. 103-322, title VI, Sec.
60006(c), title XXXII, Sec. 320103(c), title XXXIII, Sec.
330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 1971, 2109, 2147; Pub.
L. 104-294, title VI, Sec. 604(b)(14)(C), (37), Oct. 11, 1996, 110
Stat. 3507, 3509.)
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-294 amended Pub. L. 103-322, Sec.
320103(c). See 1994 Amendment notes below.
1994 - Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(L),
substituted "shall be fined under this title" for "shall be fined
not more than $10,000" before ", or imprisoned not more than ten
years" in concluding provisions.
Pub. L. 103-322, Sec. 330016(1)(H), substituted "shall be fined
under this title" for "shall be fined not more than $1,000" before
", or imprisoned not more than one year" in concluding provisions.
Pub. L. 103-322, Sec. 320103(c)(4)-(6), in concluding provisions,
inserted "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," after "death results" and substituted "shall be
fined under this title or imprisoned for any term of years or for
life, or both" for "shall be subject to imprisonment for any term
of years or for life".
Pub. L. 103-322, Sec. 320103(c)(3), 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repealed by Pub.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)(C).
Pub. L. 103-322, Sec. 320103(c)(2), as amended by Pub. L. 104-
294, Sec. 604(b)(37), inserted "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" after "bodily injury results" in concluding provisions.
Pub. L. 103-322, Sec. 320103(c)(1), which provided for amendment
identical to Pub. L. 103-322, Sec. 330016(1)(H), above, was
repealed by Pub. L. 104-294, Sec. 604(b)(14)(C).
Pub. L. 103-322, Sec. 60006(c), in concluding provisions,
inserted ", or may be sentenced to death" before ". As used in this
section".
1990 - Subsec. (d). Pub. L. 101-647 added subsec. (d).
1988 - Subsec. (a)(1). Pub. L. 100-690 substituted ", the Deputy"
for "or the Deputy" and inserted ", the Associate Attorney General,
or any Assistant Attorney General specially designated by the
Attorney General" after "Deputy Attorney General".
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
FAIR HOUSING
Section 101(b) of Pub. L. 90-284 provided that: "Nothing
contained in this section [enacting this section] shall apply to or
affect activities under title VIII of this Act [sections 3601 to
3619 of Title 42, The Public Health and Welfare]."
RIOTS OR CIVIL DISTURBANCES, SUPPRESSION AND RESTORATION OF LAW AND
ORDER; ACTS OR OMISSIONS OF ENFORCEMENT OFFICERS AND MEMBERS OF
MILITARY SERVICE NOT SUBJECT TO THIS SECTION
Section 101(c) of Pub. L. 90-284 provided that: "The provisions
of this section [enacting this section] shall not apply to acts or
omissions on the part of law enforcement officers, members of the
National Guard, as defined in section 101(9) of title 10, United
States Code, members of the organized militia of any State or the
District of Columbia, not covered by such section 101(9), or
members of the Armed Forces of the United States, who are engaged
in suppressing a riot or civil disturbance or restoring law and
order during a riot or civil disturbance."