18 U.S.C. § 249 — Hate crime acts

(a) In General: (1) Offenses involving actual or perceived race, color, religion, or national origin: It's illegal for anyone — whether or not they were acting "under color of law" (using government power) — to willfully cause bodily injury to someone, or to try to injure them using fire, a firearm, a dangerous weapon, or an explosive or incendiary device, because of that person's actual or perceived race, color, religion, or national origin. (A) The penalty is up to 10 years in prison, a fine, or both. (B) The penalty rises to any number of years or life in prison, plus a possible fine, if: (i) the victim dies; or (ii) the crime involves kidnapping or attempted kidnapping, aggravated sexual abuse or an attempt at it, or an attempt to kill. (2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability: (A) In general: The same willful-injury or weapon-attempt crime is illegal when committed because of a person's actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability — but only when one of the circumstances in (B) or paragraph (3) applies. (i) The base penalty is up to 10 years in prison, a fine, or both. (ii) It rises to any number of years or life, plus a possible fine, if (I) death results, or (II) the crime involves kidnapping or an attempt, aggravated sexual abuse or an attempt, or an attempt to kill. (B) Circumstances described: For paragraph (2)(A) to apply, one of these must be true: (i) the attacker or victim traveled across a state line or national border, or used a channel, facility, or instrument of interstate or foreign commerce, in connection with the crime; (ii) the attacker used a channel, facility, or instrument of interstate or foreign commerce in connection with the crime; (iii) the attacker used a firearm, dangerous weapon, explosive or incendiary device, or other weapon that had traveled in interstate or foreign commerce; or (iv) the crime interfered with the victim's commercial or economic activity, or otherwise affected interstate or foreign commerce. (3) Offenses occurring in the special maritime or territorial jurisdiction of the United States: Anyone who commits the acts described in paragraph (1), or in paragraph (2)(A) (regardless of whether a (2)(B) circumstance applies), within the special maritime or territorial jurisdiction of the United States faces the same penalties listed above. (4) Guidelines: The Attorney General (or a designee) must issue guidelines, placed in the United States Attorneys' Manual, giving neutral, objective criteria for deciding whether a crime was motivated by a victim's actual or perceived status. All federal prosecutions under this section must follow those guidelines. (5) Lynching: Anyone who conspires to commit a crime under paragraph (1), (2), or (3) faces up to 30 years in prison, a fine, or both, if the conspiracy results in death or "serious bodily injury" (as defined in section 2246). (6) Other conspiracies: Anyone who conspires to commit a crime under paragraph (1), (2), or (3) also faces up to 30 years in prison, a fine, or both, if the conspiracy results in death or serious bodily injury, or if it involves kidnapping or an attempt, aggravated sexual abuse or an attempt, or an attempt to kill. (b) Certification Requirement: (1) In general: The United States cannot prosecute a crime under this section unless the Attorney General (or a designee) certifies in writing that: (A) the state doesn't have jurisdiction; (B) the state asked the federal government to take over; (C) a state prosecution's verdict or sentence didn't adequately serve the federal interest in stopping bias-motivated violence; or (D) a federal prosecution serves the public interest and is needed to secure real justice. (2) Rule of construction: This certification requirement does not limit federal officers' or a federal grand jury's power to investigate possible violations. (c) Definitions: (1) "Bodily injury" has the meaning given in section 1365(h)(4), but does not include purely emotional or psychological harm. (2) "Explosive or incendiary device" has the meaning given in section 232. (3) "Firearm" has the meaning given in section 921(a). (4) "Gender identity" means a person's actual or perceived gender-related characteristics. (5) "State" includes the District of Columbia, Puerto Rico, and any other U.S. territory or possession. (d) Statute of Limitations: (1) Offenses not resulting in death: Except as noted below, no one can be prosecuted, tried, or punished under this section unless charges are filed within 7 years of the crime. (2) Death resulting offenses: If the crime resulted in death, charges may be filed at any time, with no time limit. (e) Supervised Release: If a court sentences someone to prison for a crime under subsection (a) and also orders supervised release afterward (under section 3583), the court may require, as a condition of that release, that the person take educational classes or do community service tied to the community the crime harmed.