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18 U.S.C. § 242Deprivation of rights under color of law

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 202 words · no verdicts yet

in plain englishAI-generated · not legal advice

It is a federal crime for someone acting under government authority to willfully deny a person their constitutional rights, or to punish them more harshly because of their race, color, or alien status. The penalty starts at up to one year in prison, but rises to up to ten years if the person is hurt or a weapon is used, and up to life or death if someone dies or the crime involves kidnapping or serious sexual abuse.

This section makes it a federal crime for someone using government-like power to violate a person's rights based on race, color, or alien status. Who it covers: anyone acting "under color of any law, statute, ordinance, regulation, or custom" — meaning someone using real or claimed government authority. What is illegal: willfully taking away another person's rights, privileges, or immunities that the Constitution or federal laws protect, or subjecting them to harsher punishment than a citizen would get, because the victim is an alien or because of their color or race. This applies anywhere in a state, territory, commonwealth, possession, or the District of Columbia. Penalties depend on how serious the harm is: - The base penalty is a fine or up to one year in prison, or both. - If the acts caused bodily injury, or involved using, trying to use, or threatening to use a dangerous weapon, explosives, or fire, the penalty rises to a fine or up to ten years in prison, or both. - If the acts caused death, or involved kidnapping (or attempted kidnapping), aggravated sexual abuse (or an attempt), or an attempt to kill, the penalty becomes a fine, imprisonment for any number of years or for life, or both — and the person could even be sentenced to death.
the actual law source: uscode.house.gov ↗public domain

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury 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, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the 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, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Source credit: (June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90–284, title I, § 103(b), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100–690, title VII, § 7019, Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103–322, title VI, § 60006(b), title XXXII, §§ 320103(b), 320201(b), title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 1970, 2109, 2113, 2147; Pub. L. 104–294, title VI, §§ 604(b)(14)(B), 607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 696
  • 1968Amended · Pub. L. 90-284 · 82 Stat. 75
  • 1988Amended · Pub. L. 100-690 · 102 Stat. 4396
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 1970, 2109, 2113, 2147
  • 1996Amended · Pub. L. 104-294 · 110 Stat. 3507, 3511

A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.

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