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CITE

    18 USC Sec. 242                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 13 - CIVIL RIGHTS

HEAD

    Sec. 242. Deprivation of rights under color of law

STATUTE

      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

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

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 52 (Mar. 4, 1909, ch.
    321, Sec. 20, 35 Stat. 1092).
      Reference to persons causing or procuring was omitted as
    unnecessary in view of definition of "principal" in section 2 of
    this title.
      A minor change was made in phraseology.
                                AMENDMENTS
      1996 - Pub. L. 104-294, Sec. 607(a), substituted "any State,
    Territory, Commonwealth, Possession, or District" for "any State,
    Territory, or District".
      Pub. L. 104-294, Sec. 604(b)(14)(B), repealed Pub. L. 103-322,
    Sec. 320103(b)(1). See 1994 Amendment note below.
      1994 - Pub. L. 103-322, Sec. 330016(1)(H), substituted "shall be
    fined under this title" for "shall be fined not more than $1,000"
    after "citizens,".
      Pub. L. 103-322, Sec. 320201(b), substituted "any person in any
    State" for "any inhabitant of any State" and "on account of such
    person" for "on account of such inhabitant".
      Pub. L. 103-322, Sec. 320103(b)(2)-(5), substituted "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" for "bodily
    injury results shall be fined under this title or imprisoned not
    more than ten years, or both; and if death results shall be subject
    to imprisonment for any term of years or for life".
      Pub. L. 103-322, Sec. 320103(b)(1), which provided for amendment
    identical to Pub. L. 103-322, Sec. 330016(1)(H), above, was
    repealed by Pub. L. 104-294, Sec. 604(b)(14)(B).
      Pub. L. 103-322, Sec. 60006(b), inserted before period at end ",
    or may be sentenced to death".
      1988 - Pub. L. 100-690 inserted "and if bodily injury results
    shall be fined under this title or imprisoned not more than ten
    years, or both;" after "or both;".
      1968 - Pub. L. 90-284 provided for imprisonment for any term of
    years or for life when death results.
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by section 604(b)(14)(B) of Pub. L. 104-294 effective
    Sept. 13, 1994, see section 604(d) of Pub. L. 104-294, set out as a
    note under section 13 of this title.
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