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18 U.S.C. § 247Damage to religious property; obstruction of persons in the free exercise of religious beliefs

submitted 38 years ago by Pub. L. 100-346 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 558 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law makes it a federal crime to intentionally damage religious property or use force to stop someone's religious worship, when the crime affects interstate commerce. It is also a crime to destroy religious property because of someone's race, color, or ethnicity. Punishments range from a fine up to life in prison or death, depending on the harm caused, and prosecution needs the Attorney General's written approval.

(a) It is a crime to intentionally deface, damage, or destroy religious real property, or try to, because of that property's religious character. It is also a crime to intentionally use force or the threat of force — including a threat against religious property — to stop someone from freely practicing their religion, or to try to. Either crime is punished as described in (d). (b) These crimes only count under this law if the offense happens in, or affects, interstate or foreign commerce. (c) It is a separate crime to intentionally deface, damage, or destroy religious real property because of the race, color, or ethnic background of someone connected to that property, or to try to. This crime is also punished as described in (d). (d) Punishment for breaking (a) or (c) depends on what happened: (1) If someone died, or the crime involved kidnapping or attempted kidnapping, aggravated sexual abuse or an attempt at it, or an attempted killing: a fine and imprisonment for any number of years or life, or the death penalty. (2) If someone's body was hurt — including a public safety officer doing their job — and the crime used fire or an explosive: a fine, or up to 40 years in prison, or both. (3) If someone's body was hurt (including a public safety officer), or the crime involved using, trying to use, or threatening a dangerous weapon, explosives, or fire: a fine and up to 20 years, or both. (4) If the crime caused more than $5,000 in property damage: a fine and up to 3 years, or both. (5) In any other case: a fine and up to 1 year, or both. (e) The United States cannot prosecute anyone under this section unless the Attorney General, or someone the Attorney General picks, certifies in writing that prosecuting is in the public interest and needed for justice. (f) "Religious real property" means a church, synagogue, mosque, religious cemetery, or other religious real property. This includes fixtures or religious objects inside a place of worship, and property owned or leased by a nonprofit religious organization. (g) For crimes under this section that are not eligible for the death penalty, prosecution must begin within 7 years of the date the crime happened.
the actual law source: uscode.house.gov ↗public domain
(a)

Whoever, in any of the circumstances referred to in subsection (b) of this section—

(1)

intentionally defaces, damages, or destroys any religious real property, because of the religious character of that property, or attempts to do so; or

(2)

intentionally obstructs, by force or threat of force, including by threat of force against religious real property, any person in the enjoyment of that person’s free exercise of religious beliefs, or attempts to do so;

shall be punished as provided in subsection (d).

(b)

The circumstances referred to in subsection (a) are that the offense is in or affects interstate or foreign commerce.

(c)

Whoever intentionally defaces, damages, or destroys any religious real property because of the race, color, or ethnic characteristics of any individual associated with that religious property, or attempts to do so, shall be punished as provided in subsection (d).

(d)

The punishment for a violation of subsection (a) or (c) of this section shall be—

(1)

if death results 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, a fine in accordance with this title and imprisonment for any term of years or for life, or both, or may be sentenced to death;

(2)

if bodily injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, and the violation is by means of fire or an explosive, a fine under this title or imprisonment for not more that 40 years, or both;

(3)

if bodily injury to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, 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, a fine in accordance with this title and imprisonment for not more than 20 years, or both;

(4)

if damage to or destruction of property results from the acts committed in violation of this section, which damage to or destruction of such property is in an amount that exceeds $5,000, a fine in accordance with this title, imprisonment for not more than 3 years, or both; and

(5)

in any other case, a fine in accordance with this title and imprisonment for not more than one year, or both.

(e)

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 or his designee that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice.

(f)

As used in this section, the term “religious real property” means any church, synagogue, mosque, religious cemetery, or other religious real property, including fixtures or religious objects contained within a place of religious worship, or real property owned or leased by a nonprofit, religiously affiliated organization.

(g)

No person shall be prosecuted, tried, or punished for any noncapital offense under this section unless the indictment is found or the information is instituted not later than 7 years after the date on which the offense was committed.

Source credit: (Added Pub. L. 100–346, § 1, June 24, 1988, 102 Stat. 644; amended Pub. L. 103–322, title VI, § 60006(d), title XXXII, § 320103(d), Sept. 13, 1994, 108 Stat. 1971, 2110; Pub. L. 104–155, § 3, July 3, 1996, 110 Stat. 1392; Pub. L. 104–294, title VI, §§ 601(c)(3), 605(r), Oct. 11, 1996, 110 Stat. 3499, 3511; Pub. L. 107–273, div. B, title IV, § 4002(c)(1), (e)(4), Nov. 2, 2002, 116 Stat. 1808, 1810; Pub. L. 115–249, § 2, Sept. 28, 2018, 132 Stat. 3162.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-346 · 102 Stat. 644
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 1971, 2110
  • 1996Amended · Pub. L. 104-155 · 110 Stat. 1392
  • 1996Amended · Pub. L. 104-294 · 110 Stat. 3499, 3511
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1808, 1810
  • 2018Amended · Pub. L. 115-249 · 132 Stat. 3162

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-346 on 1988-06-24.

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