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 L. 104-294, Sec. 604(b)(14)(B), repealed Pub.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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