TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 13 - CIVIL RIGHTS
HEAD
Sec. 248. Freedom of access to clinic entrances
STATUTE
(a) Prohibited Activities. - Whoever -
(1) by force or threat of force or by physical obstruction,
intentionally injures, intimidates or interferes with or attempts
to injure, intimidate or interfere with any person because that
person is or has been, or in order to intimidate such person or
any other person or any class of persons from, obtaining or
providing reproductive health services;
(2) by force or threat of force or by physical obstruction,
intentionally injures, intimidates or interferes with or attempts
to injure, intimidate or interfere with any person lawfully
exercising or seeking to exercise the First Amendment right of
religious freedom at a place of religious worship; or
(3) intentionally damages or destroys the property of a
facility, or attempts to do so, because such facility provides
reproductive health services, or intentionally damages or
destroys the property of a place of religious worship,
shall be subject to the penalties provided in subsection (b) and
the civil remedies provided in subsection (c), except that a parent
or legal guardian of a minor shall not be subject to any penalties
or civil remedies under this section for such activities insofar as
they are directed exclusively at that minor.
(b) Penalties. - Whoever violates this section shall -
(1) in the case of a first offense, be fined in accordance with
this title, or imprisoned not more than one year, or both; and
(2) in the case of a second or subsequent offense after a prior
conviction under this section, be fined in accordance with this
title, or imprisoned not more than 3 years, or both;
except that for an offense involving exclusively a nonviolent
physical obstruction, the fine shall be not more than $10,000 and
the length of imprisonment shall be not more than six months, or
both, for the first offense; and the fine shall, notwithstanding
section 3571, be not more than $25,000 and the length of
imprisonment shall be not more than 18 months, or both, for a
subsequent offense; and except that if bodily injury results, the
length of imprisonment shall be not more than 10 years, and if
death results, it shall be for any term of years or for life.
(c) Civil Remedies. -
(1) Right of action. -
(A) In general. - Any person aggrieved by reason of the
conduct prohibited by subsection (a) may commence a civil
action for the relief set forth in subparagraph (B), except
that such an action may be brought under subsection (a)(1) only
by a person involved in providing or seeking to provide, or
obtaining or seeking to obtain, services in a facility that
provides reproductive health services, and such an action may
be brought under subsection (a)(2) only by a person lawfully
exercising or seeking to exercise the First Amendment right of
religious freedom at a place of religious worship or by the
entity that owns or operates such place of religious worship.
(B) Relief. - In any action under subparagraph (A), the court
may award appropriate relief, including temporary, preliminary
or permanent injunctive relief and compensatory and punitive
damages, as well as the costs of suit and reasonable fees for
attorneys and expert witnesses. With respect to compensatory
damages, the plaintiff may elect, at any time prior to the
rendering of final judgment, to recover, in lieu of actual
damages, an award of statutory damages in the amount of $5,000
per violation.
(2) Action by attorney general of the united states. -
(A) In general. - If the Attorney General of the United
States has reasonable cause to believe that any person or group
of persons is being, has been, or may be injured by conduct
constituting a violation of this section, the Attorney General
may commence a civil action in any appropriate United States
District Court.
(B) Relief. - In any action under subparagraph (A), the court
may award appropriate relief, including temporary, preliminary
or permanent injunctive relief, and compensatory damages to
persons aggrieved as described in paragraph (1)(B). The court,
to vindicate the public interest, may also assess a civil
penalty against each respondent -
(i) in an amount not exceeding $10,000 for a nonviolent
physical obstruction and $15,000 for other first violations;
and
(ii) in an amount not exceeding $15,000 for a nonviolent
physical obstruction and $25,000 for any other subsequent
violation.
(3) Actions by state attorneys general. -
(A) In general. - If the Attorney General of a State has
reasonable cause to believe that any person or group of persons
is being, has been, or may be injured by conduct constituting a
violation of this section, such Attorney General may commence a
civil action in the name of such State, as parens patriae on
behalf of natural persons residing in such State, in any
appropriate United States District Court.
(B) Relief. - In any action under subparagraph (A), the court
may award appropriate relief, including temporary, preliminary
or permanent injunctive relief, compensatory damages, and civil
penalties as described in paragraph (2)(B).
(d) Rules of Construction. - Nothing in this section shall be
construed -
(1) to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the First Amendment to the Constitution;
(2) to create new remedies for interference with activities
protected by the free speech or free exercise clauses of the
First Amendment to the Constitution, occurring outside a
facility, regardless of the point of view expressed, or to limit
any existing legal remedies for such interference;
(3) to provide exclusive criminal penalties or civil remedies
with respect to the conduct prohibited by this section, or to
preempt State or local laws that may provide such penalties or
remedies; or
(4) to interfere with the enforcement of State or local laws
regulating the performance of abortions or other reproductive
health services.
(e) Definitions. - As used in this section:
(1) Facility. - The term "facility" includes a hospital,
clinic, physician's office, or other facility that provides
reproductive health services, and includes the building or
structure in which the facility is located.
(2) Interfere with. - The term "interfere with" means to
restrict a person's freedom of movement.
(3) Intimidate. - The term "intimidate" means to place a person
in reasonable apprehension of bodily harm to him- or herself or
to another.
(4) Physical obstruction. - The term "physical obstruction"
means rendering impassable ingress to or egress from a facility
that provides reproductive health services or to or from a place
of religious worship, or rendering passage to or from such a
facility or place of religious worship unreasonably difficult or
hazardous.
(5) Reproductive health services. - The term "reproductive
health services" means reproductive health services provided in a
hospital, clinic, physician's office, or other facility, and
includes medical, surgical, counselling or referral services
relating to the human reproductive system, including services
relating to pregnancy or the termination of a pregnancy.
(6) State. - The term "State" includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
SOURCE
(Added Pub. L. 103-259, Sec. 3, May 26, 1994, 108 Stat. 694;
amended Pub. L. 103-322, title XXXIII, Sec. 330023(a)(2), (3),
Sept. 13, 1994, 108 Stat. 2150.)
AMENDMENTS
1994 - Pub. L. 103-322, Sec. 330023(a)(2), amended section
catchline generally. Prior to amendment, catchline read as follows:
"Sec. 248 Freedom of Access to Clinic Entrances."
Subsec. (b). Pub. L. 103-322, Sec. 330023(a)(3), in concluding
provisions, inserted ", notwithstanding section 3571," before "be
not more than $25,000".
EFFECTIVE DATE OF 1994 AMENDMENT
Section 330023(b) of Pub. L. 103-322 provided that: "The
amendments made by this subsection (a) [amending this section]
shall take effect on the date of enactment of the Freedom of Access
to Clinic Entrances Act of 1994 [May 26, 1994]."
EFFECTIVE DATE
Section 6 of Pub. L. 103-259 provided that: "This Act [see Short
Title note below] takes effect on the date of the enactment of this
Act [May 26, 1994], and shall apply only with respect to conduct
occurring on or after such date."
SHORT TITLE
Section 1 of Pub. L. 103-259 provided that: "This Act [enacting
this section and provisions set out as notes under this section]
may be cited as the 'Freedom of Access to Clinic Entrances Act of
1994'."
SEVERABILITY OF PROVISIONS
Section 5 of Pub. L. 103-259 provided that: "If any provision of
this Act [see Short Title note above], an amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the
remainder of this Act, the amendments made by this Act, and the
application of the provisions of such to any other person or
circumstance shall not be affected thereby."
CONGRESSIONAL STATEMENT OF PURPOSE
Section 2 of Pub. L. 103-259 provided that: "Pursuant to the
affirmative power of Congress to enact this legislation under
section 8 of article I of the Constitution, as well as under
section 5 of the fourteenth amendment to the Constitution, it is
the purpose of this Act [see Short Title note above] to protect and
promote the public safety and health and activities affecting
interstate commerce by establishing Federal criminal penalties and
civil remedies for certain violent, threatening, obstructive and
destructive conduct that is intended to injure, intimidate or
interfere with persons seeking to obtain or provide reproductive
health services."
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