18 U.S.C. § 245 — Federally protected activities

(a) This subsection has two parts. First, nothing in this section takes away any state, territorial, or D.C. government's power to prosecute an offense it could otherwise prosecute, and it doesn't take away state and local law enforcement's job of prosecuting acts that violate both this section and state or local law. But the United States itself cannot prosecute an offense under this section unless the Attorney General, the Deputy Attorney General, the Associate Attorney General, or an Assistant Attorney General specially picked by the Attorney General certifies in writing that prosecuting is in the public interest and necessary for justice. Only those officials can make that certification — the job cannot be handed to anyone else. Second, nothing here limits federal officers or a federal grand jury from investigating possible violations of this section, even without that certification. (b) This subsection defines the crime itself and its punishments. It applies to anyone — whether or not they are acting under government authority — who willfully uses force or the threat of force to injure, intimidate, or interfere with someone (or tries to), in five kinds of situations. The first situation (paragraph (1)) is when someone targets a person, to stop them or intimidate them or any other person or group, from: voting or trying to vote, running for office or working on a campaign, serving as a poll watcher or election official; taking part in any benefit, program, or activity run by the federal government; applying for or holding a federal job or its benefits; serving, or going to court in connection with possibly serving, as a juror in a federal court; or taking part in any program or activity that gets federal money. The second situation (paragraph (2)) is when someone targets a person because of that person's race, color, religion, or national origin, and because that person is or has been: enrolling in or attending a public school or college; taking part in a benefit, program, or activity run by a state or local government; applying for or holding a job (or its benefits) with a private employer or a state or local government agency, or using a union, hiring hall, or employment agency; serving, or going to court in connection with possibly serving, as a juror in a state court; traveling using interstate transportation, or using any vehicle, terminal, or facility of a bus, train, ship, or airline; or using a hotel, motel, or other place that houses traveling guests, or a restaurant, lunch counter, soda fountain, gas station, movie theater, concert hall, sports arena, or other business that serves the public — including a business located inside, or that holds itself out as serving customers of, one of those places. The third situation (paragraph (3)) is targeting, during or connected to a riot or civil disorder, a person doing business in or affecting interstate commerce — including someone who sells a substantial part of their goods or services to interstate travelers, or whose goods have moved in commerce. The fourth situation (paragraph (4)) is targeting a person, to stop or intimidate them, from taking part without discrimination in any of the benefits or activities listed in the first two situations, or from helping someone else do so. The fifth situation (paragraph (5)) is targeting a citizen, to stop or intimidate them, from lawfully helping or encouraging others to take part — without discrimination based on race, color, religion, or national origin — in those same benefits and activities, or from lawfully speaking or peacefully assembling to oppose being denied that chance. Punishments: a fine, up to one year in prison, or both. If the acts cause bodily injury, or involve using, trying to use, or threatening to use a dangerous weapon, explosives, or fire, the punishment rises to a fine, up to ten years in prison, or both. If the acts cause death, or involve kidnapping or attempted kidnapping, aggravated sexual abuse or an attempt at it, or an attempt to kill, the punishment can be a fine, any number of years or life in prison, or even death. The section clarifies that "participating lawfully in speech or peaceful assembly" does not include helping, encouraging, or inciting others to riot or commit violence against a person or property as part of a riot. There's also an exception: the rules in paragraphs (2)(F) and (4)(A) don't apply to the owner (or an employee acting for the owner) of a lodging establishment with five or fewer rooms for rent, if the owner actually lives there. (c) This subsection protects law enforcement. Nothing in this section stops a law enforcement officer from lawfully doing their job, and no officer violates this section by lawfully carrying out their duties or lawfully enforcing the laws of the United States, D.C., a state, or a local government. Here, "law enforcement officer" means anyone employed by the United States, D.C., a state, or a local government who is legally empowered to investigate offenses or make arrests for offenses against those governments. (d) This subsection defines "State" for this section to include any U.S. state, the District of Columbia, and any commonwealth, territory, or possession of the United States.