[vc_row][vc_column][mk_fancy_title color=”#000000″ size=”16″ font_weight=”500″ font_family=”none”]This section is the Federal Laws Against Hate Crimes and extracted from: Civil Rights Division | Hate Crime Laws (justice.gov)[/mk_fancy_title][vc_accordions style=”simple-style” container_bg_color=”#ffffff”][vc_accordion_tab title=”Section U.S.C 18.241: Conspiracy Against Protected Class”][vc_column_text css=”.vc_custom_1698697602432{margin-bottom: 0px !important;}”]This statute makes it unlawful for two or more persons to conspire to injure, threaten, or intimidate a person in any state, territory, or district in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or the laws of the U.S.
[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”Section U.S.C 18.245: Interference with federally protected activity”][vc_column_text css=”.vc_custom_1698697462992{margin-bottom: 0px !important;}”]This statute makes it a crime to use, or threaten to use force to willfully interfere with any person because of race, color, religion, or national origin and because the person is participating in a federally protected activity, such as public education, employment, jury service, travel, or the enjoyment of public accommodations, or helping another person to do so.
[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”Section U.S.C 18.247: Damage to Religious Property, Church Arson Prevention Act”][vc_column_text css=”.vc_custom_1698697419425{margin-bottom: 0px !important;}”]This statute prohibits the intentional defacement, damage, or destruction of religious real property because of the religious nature of the property, where the crime affects interstate or foreign commerce, or because of the race, color, or ethnic characteristics of the people associated with the property. The statute also criminalizes the intentional obstruction by force, or threat of force of any person in the enjoyment of that person’s free exercise of religious beliefs.
[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”Section 18 U.S.C 249″][vc_column_text css=”.vc_custom_1698697292743{margin-bottom: 0px !important;}”]The Shepard Byrd Act makes it a federal crime to willfully cause bodily injury, or attempt to do so using a dangerous weapon, because of the victim’s actual or perceived race, color, religion, or national origin. The Act also extends federal hate crime prohibitions to crimes committed because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person, only where the crime affected interstate or foreign commerce or occurred within federal special maritime and territorial jurisdiction. The Shepard-Byrd Act is the first statute allowing federal criminal prosecution of hate crimes motivated by the victim’s actual or perceived sexual orientation or gender identity.[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”Section (a) 1: In general”][vc_column_text css=”.vc_custom_1698696421597{margin-bottom: 0px !important;}”]
(a) In General.—
(1) Offenses involving actual or perceived race, color, religion, or national origin.—Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person—
(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—
(i) death results from the offense; or
(ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”Section 2: Offenses involving actual or perceived religion, national origin, race….”][vc_column_text css=”.vc_custom_1698696990448{margin-bottom: 0px !important;}”](2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability. —
(A) In general.—Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person—
(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—
(I) death results from the offense; or
(II) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
(B) Circumstances described.—For purposes of subparagraph (A), the circumstances described in this subparagraph are that—
(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim—
(I) across a State line or national border; or
(II) using a channel, facility, or instrumentality of interstate or foreign commerce;
(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);
(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or
(iv) the conduct described in subparagraph (A)—
(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or
(II) otherwise affects interstate or foreign commerce.
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(3) Offenses occurring in the special maritime or territorial jurisdiction of the united states.—Whoever, within the special maritime or territorial jurisdiction of the United States, engages in conduct described in paragraph (1) or in paragraph (2)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (2)(B)) shall be subject to the same penalties as prescribed in those paragraphs.
(4) Guidelines.—All prosecutions conducted by the United States under this section shall be undertaken pursuant to guidelines issued by the Attorney General, or the designee of the Attorney General, to be included in the United States Attorneys’ Manual that shall establish neutral and objective criteria for determining whether a crime was committed because of the actual or perceived status of any person.
18 U.S.C. § 249 (2021) – Hate crime acts :: 2021 US Code :: Us Codes and Statues :: US Law :: Justia :: 2021 US Code :: US Codes and Statutes :: US Law :: Justia[/vc_column_text][/vc_accordion_tab][/vc_accordions][/vc_column][/vc_row]
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