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PUBLIC
LAW
90-284-APR.
11,
1968
exemption
grantedunderthis
section
shall
remainin
effect
after
three
years
after
thedate
such
exemption
is
originallygranted."
ApprovedApril
10,
1968.
Public
Law90-284
AN
ACT
April
11,1958
To
prescribepenalties
forcertain
acts
of
violence
or
intimidation,
and
forother
[H.
R.
25161
purposes.
Be
it
enacted
by the
Senateand
Howse
of
Representatives
of
the
United
States
of
America
in Congressassembled,
TITLE
I-INTERFERENCE
WITH
FEI)ERALLY
PROTECTED
ACTIVITIES
SEC.
101.
(a)
That
chapter
13,
civil
rights,
title
18,
UnitedStates
Code,
is amended
by
inserting
immediately
at.
the
end
thereofthe
fol-lowing
new
section,
to
read
as follows:
"§
245.
Federally
protectedactivities
"(a)
(1)
Nothing
in
this
section
shall
be
construed
as
indicating
an
intent
on
the
part
of
Congress
to prevent
any
State,
any
possession
or
Commonwealthof
the
United
States,or
the
District
of
Columbia,
from
exercising
jurisdiction
over
any
offense
over
which
it
would
have
juris-
diction
in
the
absence
of
this
section,
nor
shall
anything
in
this
section
be
construed
as
depriving
State
and
local
law
enforcement
authoritiesof
responsibility
for
prosecuting
acts
that
may
be
violations
of
this
section
and
that
areviolations
of
State
and
local
law. No
prosecution
of
any
offense
describedin
this
section
shall
be
undertaken
by
the
United
States
exceptupon
the
certification
in
writing
of
theAttorney
Generalor
the DeputyAttorney
General
that
in
his
judgment
a
prosecutionby
the
UnitedStates
isin
the
public
interestand
necessary
to secure
substantial
justice,which
function
of certificationmaynot
be
delegated.
"(2)
Nothing
in
this
subsection
shall
be
construed
to
limit
the
authority
of
Federal
officers,
or
a
Federal
grand
jury,
to
investigate
possible
violationsof
this
section.
"(b)
Whoever,whether
or
not
actingunder
color
of
law,by
force
or
threat
of force
willfullyinjures,intimidates
or
interfereswith,
or
attempts
to
injure,
intimidate
or
interfere
with-
"(1)
any
person
because
he
is
or
has
been,
or
in
order
to
intimi-date
such
person
or
any
other
person
or
any
class
of persons
from-
"(A)
voting
or
qualifying
to
vote,
qualifying
or
campaign-
ing
as
a
candidate
for
elective
office,
or
qualifyingor
acting
as
t
poll
watcher,
or
any
legally
authorized
election
official,
in
any
primary,
special,or
generalelection
;
"(B)
participating
in
or
enjoyingany
benefit,service,
privilege,
program, facility,or activity provided
or
adminis-
terdny
th
Unte
r
stes
with
possible service,
as a
grand
or
petit
juror
in
any
court
of
theUnited States;
"(E)
participating
in
or
enjoying
the
benefits
of
any
pro-
gran
or
activity
receiving
Federal
financial
assistance;
or
(2)
any
person
because
of
his
race, color,
religion
or
national
origin
and
because
is
or
has
been-
Civil
rights.
62
Stat.
696.
18
USC
241-244.
82
STAT.
I
HeinOnline -- 82 Stat. 73 1968
 
PUBLIC
LAW
90-284-APR.
11,
1968
"(A)enrolling
inor
attending
any
public
school
or
public
college;
"(B)
participating
in
orenjoying
any
benefit,service,
priv-
ilege,
program,facility
or
activityprovidedor
administered
by
any
State
orsubdivision
thereof;
"(C)
applying
for
or
enjoying
employment,
orany
per-
quisite
thereof,
by
any
private
employer
orany
awency
of
any
State
or
subdivision
thereof,
or
joining
or
using
the
services
or
advantages
of
anylabororganization,
hiring
hall,
or
employment
agency;
.
"(D)
serving,
orattending
uponany
court
of
any
State
in
connection
with
possibleservice,
asa
grand
or
petit
juror;"(E)
traveling
in
orusing
any
facility
of
interstate
com-
merce,
or
using
any
vehicle,
terminal,
or
facility
of
any
com-
mon
carrier
by
motor,
rail,
water,
or
air;
"(F)
enjoying
the
goods,services,
facilities,privileges,advantages,
oraccommodationsof
anyinn,hotel,
motel
or
other
establishment
which
provides
lodging
to
transient
guests,or
of
any
restaurant,
cafeteria,
lunchroom,lunchcounter,
soda
fountain,
or
otherfacility
which
serves
the
pub-
lic
and
whichis
principally
engaged
in
selling
food
or
bev-
erages
for
consumption
on
the
premises,
or
ofany
gasoline
station,
orofany
motion
picture
house,
theater,
concert
hall,sports
arena,stadium,
or
any
other
place
of
exhibition
or
entertainment
whichserves
thepublic,or
of
any
other
estab-
lishment
which
serves
thepublic
and
(i)
wuch
is
located
withinthe
premises
of
anyoftheaforesaid
establishmentsorwithin
the
premisesof
which
is
physically
locatedany
of
the
aforesaid
establishments,
and
(ii)
whichholds
itself
outas
serving
patrons
of
such
establishments;
or
"(3)
during
orincident
to
a
riot
or
civil
disorder,
anypersonengaged
in
a
business
in
commerce
or
affecting
commerce,
includ-
ing,but
notlimitedto,
any
personengaged
in
a
businesswhich
sells
or
offers
for
sale
to
interstatetravelers
a
substantialportion
of
thearticles,
commodities,
or
services
which
it
sells
or
where
a
substantialportion
of
the
articlesor
commoditieswhich
it
sells
or
offers
for
sale
have
moved
in
commerce;
or
"(4)
anyperson
because
lie
is
orhas
been,
or
in
order
to
intimi-date
such
personor
any
other
person
orany
class
of
persons
from-"(A)
participating,
without
discrimination
on
account
of
race,color,
religion
ornationalorigin,
in
any
of
the
benefits
or
activities
described
in
subparagraphs
(1)
(A)
through
(1)
(E)
or
subparagraphs
(2)
(A)
through
(2)
(F);
or
"(B)affording
another
person
or
class
of
persons
oppor-
tunity
or
protectionto
so
participate;
or
"(5)
any
citizen
because
lie
is
or
has
been,
or
in
order
to
intimi-
date
such
citizen
orany
other
citizen
from
lawfullyaiding
or
encouraging
other
personsto
participate,
without
discrimination
on
account
of
race,
color,
religionor
national
origin,
in
any
of
the
benefits
oractivities
described
in
subparagraphs
(1)
(A)
through
(1)
(E)
or
subparagraphs
(2)
(A)
through
(2)
(F),
or
participating
lawfully
in
speech
or
peacefulassembly
opposinganydenial
of
theopportunity
to
so
participate-
Penalty.
shall
be
fined
not.more
than
$1,000,
or
imprisoned
not
more
than
one
year,
or
both;
and
if
bodily
injury
resultsshall
be
fined
not
more
than
$10,000,
orimprisoned
not
more
than
ten
years,or
both;
and
if
death
"Participating
results
shall
be
subject
toimprisonment
for
any
termof
yearsor
for
life.
iawfully
in
speech
Asused
in
this
section,
the
term
'participating
lawfully
inspeech
or
or
peacefui
as-
peaceful
assembly'
shall
not
mean
theaiding,abetting,orinciting
of
sembly."
182
STAT.
HeinOnline -- 82 Stat. 74 1968
 
PUBLIC
LAW
90-284-APR.
11,
1968
other
persons
to
riot
or
to
commit
any
act
of
physical
violence
uponany
individualoragainst
any
real
or
personal
property
in
furtherance
ofa
riot.Nothing
in
subparagraph
(2)
(F)
or
(4)
(A)
of
this
subsec-
tion
shall
apply to
the
proprietor
of
anyestablishment
which
provideslodging to
transient
guests,
or
to any
employee
acting
on
behalf
of
such
proprietor,
with
respect
to
the
enjoyment
ofthe
goods,
services,
facilities,
privileges,
advantages, or
accommodations
of
such
establish-
ment
if
such
establishment
is
located
within
a
building
which
contains
not
more
than
five
rooms
for
rent or hire
and
which
is
actually
occupied
by
the
proprietor
as
his
residence.
"(c)
Nothing
in
this
section
shall
be
construed
so
as
to deter
anylaw
enforcement
officer
from lawfully
carrying
out the
dutiesof
his
office;
and
no
law
enforcement
officer
shall
be
considered
to
be
in
viola-
tion
of
this
section
for
lawfully
carrying
out the duties
of
his
office or
lawfully enforcing
ordinancesand laws
of
the
United
States,
the
District
of
Columbia, any
of the
several
States or
any
political
sub-
division
of
a
State.
For
purposes
of
the preceding
sentence,
the
term
'lawenforcement
officer'
means any
officer
of the
United
States,
the
District
of Columbia,
a
State,
or
political
subdivision of
a
State,
who
is
empowered
by
law
to
conduct
investigations of, or
make
arrests
because
of,
offenses
against
the
United
States, the
District
ofColumbia,
a
State,or
a
political
subdivision
of
a
State."
(b)
Nothing
contained
in
this
section
shallapply
to
or
affect
activi-
ties
under
title
VIII
of
this
Act.
(c)
The
provisions
of
this
section
shall
not
apply
to
acts
or
omissions
on
the
part.
of
law
enforcement
officers,
members
of
the National
Guard,
as
defined insection101(9)
of
title
10,
United States
Code,
members
of
the organized
militia
ofany
State orthe District
of Columbia,
notcovered by
such section
101
(9),
or
members
of the
ArmedForces
of
the
UnitedStates,
who
areengaged
in
suppressing
a
riot
or
civil
disturb-
ance
or
restoring
law
and
order
during
a
riot or
civil
disturbance,
SEc.
102.
The
analysis
of
chapter
13
of
titlel8
of
the
United
States
Code
is
amended
by
adding
at
the
end
thereofthe
following:
"245.
Federally
protected
activities."
SEC.
103.
(a)
Section
'241
of
title
18,
United States
Code,
is
amendedby
striking
out
the
final
paragraph
thereof and
substituting
the
following:
"They
shall
be
fined
not
more
than
$10,000
or
imprisoned
not
morethan
ten
years,
or both; and
if
death
results, they shall
be
subject
to
imprisonment
for
any
term
of
years
or
for
life."
(b)
Section
242
of
title
18,
United States
Code,
is
amendedby
strik-
ing
out
the
period
at
the
end
thereof and
adding
the
following:
";
and
if
death results
shall
be
subject
to
imprisonment
for
any
term
of
years
or
for
life."
(c)
Subsections
(a)
and
(c)
of
section
12
of
the
Voting
Rights
Act
of
1965 (79
Stat.
443,
444)
are amendedby
striking
out
the
words
"or
(b)"
following
the
words
"11
(a)".
SEC.
104.
(a)
Title
18
of
the
United States
Code
is
anended
by
inserting,
immediately
after
chapter
101
thereof,
the
following
new
chapter:
"Chapter
102.-RIOTS
"See.
"2101.
Riot.k."2102.
Definitions.
"§
2101.
Riots
"(a)
(1)
Whoever
travels
in
interstate or
foreign
commerce
or
uses
any
facilityofinterstate
or
foreign
commerce,
including,
but
not
limited
to,
the
mail,
telegraph,
telephone,
radio,or
television,with
intent--
"Law
enforce-
ment
officer."
Post,
p.
81.
70A
Stat.
4.
Penalties.
Conspiracy
against
rights
of
citizens.
62
Stat.
696.
Deprivation
of
rights.
42
USC
19731.
62
Stat.
795.
18
USC
2071-
2076.
82
STAT.
I
HeinOnline -- 82 Stat. 75 1968
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