TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 45 - FAIR HOUSING
SUBCHAPTER II - PREVENTION OF INTIMIDATION
HEAD
Sec. 3631. Violations; penalties
STATUTE
Whoever, whether or not acting under color of law, by force or
threat of force willfully injuries, intimidates or interferes with,
or attempts to injure, intimidate or interfere with -
(a) any person because of his race, color, religion, sex,
handicap (as such term is defined in section 3602 of this title),
familial status (as such term is defined in section 3602 of this
title), or national origin and because he is or has been selling,
purchasing, renting, financing, occupying, or contracting or
negotiating for the sale, purchase, rental, financing or
occupation of any dwelling, or applying for or participating in
any service, organization, or facility relating to the business
of selling or renting dwellings; or
(b) any person because he is or has been, or in order to
intimidate such person or any other person or any class of
persons from -
(1) participating, without discrimination on account of race,
color, religion, sex, handicap (as such term is defined in
section 3602 of this title), familial status (as such term is
defined in section 3602 of this title), or national origin, in
any of the activities, services, organizations or facilities
described in subsection (a) of this section; or
(2) affording another person or class of persons opportunity
or protection so to participate; or
(c) any citizen because he is or has been, or in order to
discourage such citizen or any other citizen from lawfully aiding
or encouraging other persons to participate, without
discrimination on account of race, color, religion, sex, handicap
(as such term is defined in section 3602 of this title), familial
status (as such term is defined in section 3602 of this title),
or national origin, in any of the activities, services,
organizations or facilities described in subsection (a) of this
section, or participating lawfully in speech or peaceful assembly
opposing any denial of the opportunity to so participate -
shall be fined under title 18 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 title 18 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 title 18 or imprisoned for any term of years or for life, or
both.
SOURCE
(Pub. L. 90-284, title IX, Sec. 901, Apr. 11, 1968, 82 Stat. 89;
Pub. L. 93-383, title VIII, Sec. 808(b)(4), Aug. 22, 1974, 88 Stat.
729; Pub. L. 100-430, Sec. 9, Sept. 13, 1988, 102 Stat. 1635; Pub.
L. 103-322, title XXXII, Sec. 320103(e), Sept. 13, 1994, 108 Stat.
2110; Pub. L. 104-294, title VI, Sec. 604(b)(15), (27), Oct. 11,
1996, 110 Stat. 3507, 3508.)
AMENDMENTS
1996 - Pub. L. 104-294, Sec. 604(b)(27), substituted "under title
18" for "under this title" wherever appearing in closing
provisions.
Pub. L. 104-294, Sec. 604(b)(15), made technical amendment to
directory language of Pub. L. 103-322, Sec. 320103(e). See 1994
Amendment note below.
1994 - Pub. L. 103-322, Sec. 320103(e)(1), as amended by Pub. L.
104-294, Sec. 604(b)(15), which directed amendment in the caption
by striking "bodily injury; death;", could not be executed because
the words "bodily injury; death;" do not appear in the section
catchline in the original.
Pub. L. 103-322, Sec. 320103(e)(2)-(7), as amended by Pub. L. 104-
294, Sec. 604(b)(15), in concluding provisions, substituted "under
this title" for "not more than $1,000," before "or imprisoned not
more than one year", inserted "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" after
"bodily injury results", substituted "under this title" for "not
more than $10,000," before "or imprisoned not more than ten years",
inserted "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," after "death results", substituted "fined under
this title or imprisoned" for "subject to imprisonment" before "for
any term of years", and inserted ", or both" before period at end.
1988 - Cls. (a), (b)(1), (c). Pub. L. 100-430 inserted ",
handicap (as such term is defined in section 3602 of this title),
familial status (as such term is defined in section 3602 of this
title)," after "sex".
1974 - Pub. L. 93-383 inserted ", sex" after "religion" wherever
appearing in cls. (a), (b)(1), and (c).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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 Title 18, Crimes and Criminal Procedure.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-430 effective on 180th day beginning
after Sept. 13, 1988, see section 13(a) of Pub. L. 100-430, set out
as a note under section 3601 of this title.
FEDERALLY PROTECTED ACTIVITIES; PENALTIES
Penalties for violations respecting federally protected
activities not applicable to and not affecting activities under
fair housing provisions of subchapter I of this chapter, see
section 101(b) of Pub. L. 90-284, set out as a note under section
245 of Title 18, Crimes and Criminal Procedure.
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