Federal Bias Statues

Congress has enacted laws that provide both criminal and civil remedies to victims of bias-motivated crimes. Four principal Federal criminal statutes concern racial- and religious-motivated violence by private individuals:

18 U.S.C. Section 241: Conspiracy Against Rights
• Broadly prohibits conspiracies to injure, oppress, threaten or intimidate any person in the free exercise of rights protected by the Constitution or laws of the United States.
• Statute has been applied to a variety of Federal rights, including the right own property, make contracts, enjoy the use of public accommodations, the right to vote, and the right to occupy a home without regard to race. This is always a felony.

18 U.S.C. Section 245: Interference with Federally Protected Activities
• Enacted in 1968 in response to violent attacks on civil rights workers in the South.
• Prohibits intentional interference, by force or threat of force, with certain specified constitutional rights, including voting and election activities, participation in programs administered or financed by the United States, Federal employment, and jury service.

A second provision prohibits intentional interference with enrollment in a public school or college, interstate travel by common carrier, use of restaurants, lodging, gas stations, public entertainment facilities, and other establishments serving the public, State jury service and interference with employment (whether public or private), where the interference is motivated by discrimination on the basis of race, color, religion, or national origin. Also protects individuals who are helping others enjoy the free exercise of these rights.

18 U.S.C. Section 247: Damage to Religious Property/Obstruction of Religious Activity
• Prohibits damaging or destroying religious property because of the religious nature of that property, or attempting to do so.
• Also prohibits intentional obstruction by force or threat of force of any person in the free exercise of religious beliefs. Requires connection with interstate commerce, unless involves racially or ethnically motivated interference.

42 U.S.C. Section 3631: Willful Interference with Civil Rights Under the Fair Housing Act
• Prohibits interference by force or threat of force with any person in selling, purchasing, renting, financing, occupying, or contracting for any dwelling due to that person’s race, color, religion, sex, handicap, familial status, or national origin.
• Commonly includes cross-burnings and threats.

Penalties—Sentencing Enhancements
• If a perpetrator commits any Federal crime and chooses the victim on the basis of race, religion, national origin, ethnicity, gender, disability, or sexual orientation, evidence of this bias can be used to impose a longer prison sentence.
• Therefore it is essential that the investigator gather all evidence of bias because it may become relevant.

Applicability of the Federal statutes
• Federal remedies only protect victims who are threatened or attacked for exercising a federally protected right including riding public transportation, eating in a restaurant, renting an apartment, buying a home.
• Most Federal statutes apply only to acts motivated by racial or religious prejudice. This excludes a number of bias crime categories from prosecution and civil relief, such as sexual orientation.

If in doubt, contact the FBI or U.S. Department of Justice, Civil Rights Division, Criminal Section.

Other Issues
• Dual Prosecutions: It is possible to federally prosecute a crime after a local or State prosecution has ended unsuccessfully with an acquittal or dismissal of charges by a judge, or when perpetrators are convicted but receive a grossly inadequate sentence.

• Juveniles: Can be federally prosecuted, but there is a preference for State or local prosecutions, especially if younger juveniles are involved or when only juveniles (no adults) are involved in the crime.
• Mixed Motives: Can be prosecuted if bias is a “substantial” motivating factor; does not need to be the sole cause.
• Federal Grand Jury: Can compel testimony (particularly from friends and associates of the suspect) and can often be instrumental in helping to solve a crime.

Federal Hate Crime Statistics Act, 28 U.S.C. § 534

- The act states that the Attorney General shall acquire data, for each calendar year, about crimes that manifest evidence of prejudice based on race, religion, disability, sexual orientation, or ethnicity. - Signed into law in 1990, and amended in 1994 and 1996.
- Effectiveness of the law depends on its implementation by and support of State and local law enforcement officials.
- This statute helps identify the geographic location and the nature and type of bias crimes occurring in the United States.
- The Attorney General has delegated responsibilities under the Act to the Director of the FBI.
- The FBI’s Uniform Crime Reports (UCR) Section has been assigned the task of developing the procedures for, and managing the implementation of the collection of hate crime data.
-Your department or law enforcement agency should report all bias crimes in its jurisdiction to the appropriate Federal and State reporting agencies. The standardized reporting form should be used.

Send mail to NAOHCI@AOL.com with questions or comments about this web site. For gang information click here National Concerned Officers and Here Copyright © 2001 National Alliance of Hate Crimes Investigators Asso. Last modified: December 21, 2001

Send mail to NAOHCI@AOL.com with questions or comments about this web site. For gang information click here National Concerned Officers and Here
Copyright © 2001 National Alliance of Hate Crimes Investigators Asso.
Last modified: December 21, 2001