Notes on 18 U.S.C. § 247 : US Code - Notes

Search Notes on 18 U.S.C. § 247 : US Code - Notes

(Added Pub. L. 100-346, Sec. 1, June 24, 1988, 102 Stat. 644;
amended Pub. L. 103-322, title VI, Sec. 60006(d), title XXXII, Sec.
320103(d), Sept. 13, 1994, 108 Stat. 1971, 2110; Pub. L. 104-155,
Sec. 3, July 3, 1996, 110 Stat. 1392; Pub. L. 104-294, title VI,
Secs. 601(c)(3), 605(r), Oct. 11, 1996, 110 Stat. 3499, 3511; Pub.
L. 107-273, div. B, title IV, Sec. 4002(c)(1), (e)(4), Nov. 2,
2002, 116 Stat. 1808, 1810.)
AMENDMENTS
2002 - Subsec. (d). Pub. L. 107-273, Sec. 4002(c)(1), repealed
amendment by Pub. L. 107-273, Sec. 605(r). See 1996 Amendment note
below.
Subsec. (e). Pub. L. 107-273, Sec. 4002(e)(4), made technical
correction to directory language of Pub. L. 104-294, Sec.
601(c)(3). See 1996 Amendment note below.
1996 - Subsec. (a). Pub. L. 104-155, Sec. 3(1), substituted
"subsection (d)" for "subsection (c) of this section" in concluding
provisions.
Subsec. (b). Pub. L. 104-155, Sec. 3(3), added subsec. (b) and
struck out former subsec. (b) which read as follows: "The
circumstances referred to in subsection (a) are that -
"(1) in committing the offense, the defendant travels in
interstate or foreign commerce, or uses a facility or
instrumentality of interstate or foreign commerce in interstate
or foreign commerce; and
"(2) in the case of an offense under subsection (a)(1), the
loss resulting from the defacement, damage, or destruction is
more than $10,000."
Subsec. (c). Pub. L. 104-155, Sec. 3(2), added subsec. (c).
Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 104-294, Sec. 605(r), which directed the
substitution of "certification" for "notification" in subsec. (d),
was repealed by Pub. L. 107-273, Sec. 4002(c)(1).
Subsec. (d). Pub. L. 104-155, Sec. 3(2), redesignated subsec. (c)
as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(2). Pub. L. 104-155, Sec. 3(4)(C), added par. (2).
Former par. (2) redesignated (3).
Subsec. (d)(3). Pub. L. 104-155, Sec. 3(4)(A), (B), redesignated
par. (2) as (3), inserted "to any person, including any public
safety officer performing duties as a direct or proximate result of
conduct prohibited by this section," after "bodily injury" and
substituted "20 years" for "ten years". Former par. (3)
redesignated (4).
Subsec. (d)(4). Pub. L. 104-155, Sec. 3(4)(B), redesignated par.
(3) as (4).
Subsec. (e). Pub. L. 104-294, Sec. 601(c)(3), as amended by Pub.
L. 107-273, Sec. 4002(e)(4), substituted "certification" for
"notification".
Pub. L. 104-155, Sec. 3(2), redesignated subsec. (d) as (e).
Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 104-155, Sec. 3(2), (5), redesignated
subsec. (e) as (f), inserted ", including fixtures or religious
objects contained within a place of religious worship" before the
period, and substituted "religious real property" for "religious
property" in two places.
Subsec. (g). Pub. L. 104-155, Sec. 3(6), added subsec. (g).
1994 - Subsec. (c)(1). Pub. L. 103-322, Sec. 320103(d)(1),
inserted "from 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".
Pub. L. 103-322, Sec. 60006(d), inserted ", or may be sentenced
to death" after "or both".
Subsec. (c)(2). Pub. L. 103-322, Sec. 320103(d)(2), struck out
"serious" before "bodily" and 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 "injury results".
Subsec. (e). Pub. L. 103-322, Sec. 320103(d)(3), amended subsec.
(e) generally. Prior to amendment, subsec. (e) read as follows: "As
used in this section -
"(1) the term 'religious real property' means any church,
synagogue, mosque, religious cemetery, or other religious real
property; and
"(2) the term 'serious bodily injury' means bodily injury that
involves a substantial risk of death, unconsciousness, extreme
physical pain, protracted and obvious disfigurement, or
protracted loss or impairment of the function of a bodily member,
organ, or mental faculty."
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002,
116 Stat. 1808, provided that the amendment made by section
4002(c)(1) is effective Oct. 11, 1996.
Pub. L. 107-273, div. B, title IV, Sec. 4002(e)(4), Nov. 2, 2002,
116 Stat. 1810, provided that the amendment made by section
4002(e)(4) is effective Oct. 11, 1996.
CONGRESSIONAL FINDINGS
Section 2 of Pub. L. 104-155 provided that: "The Congress finds
the following:
"(1) The incidence of arson or other destruction or vandalism
of places of religious worship, and the incidence of violent
interference with an individual's lawful exercise or attempted
exercise of the right of religious freedom at a place of
religious worship pose a serious national problem.
"(2) The incidence of arson of places of religious worship has
recently increased, especially in the context of places of
religious worship that serve predominantly African-American
congregations.
"(3) Changes in Federal law are necessary to deal properly with
this problem.
"(4) Although local jurisdictions have attempted to respond to
the challenges posed by such acts of destruction or damage to
religious property, the problem is sufficiently serious,
widespread, and interstate in scope to warrant Federal
intervention to assist State and local jurisdictions.
"(5) Congress has authority, pursuant to the Commerce Clause of
the Constitution, to make acts of destruction or damage to
religious property a violation of Federal law.
"(6) Congress has authority, pursuant to section 2 of the 13th
amendment to the Constitution, to make actions of private
citizens motivated by race, color, or ethnicity that interfere
with the ability of citizens to hold or use religious property
without fear of attack, violations of Federal criminal law."