§242 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

If a person uses government power or pretends to act like a government official and on purpose takes away someone’s rights protected by the U.S. Constitution or federal laws, or punishes them differently because they are not a citizen or because of their race or skin color, that person can be punished. They can be fined under federal law or jailed for up to 1 year, or both. If the wrongdoing causes bodily injury or involves using, trying to use, or threatening to use a dangerous weapon, explosives, or fire, the jail time can be up to 10 years, or a fine, or both. If the acts cause death or include kidnapping (or an attempt), aggravated sexual abuse (or an attempt), or an attempt to kill, the person can be fined, be imprisoned for any number of years or for life, or both, or may receive the death penalty.

Title 18, §242

Crimes and Criminal Procedure — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 52 (Mar. 4, 1909, ch. 321, § 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.

Editorial Notes

Amendments

1996—Pub. L. 104–294, § 607(a), substituted “any State, Territory, Commonwealth, Possession, or District” for “any State, Territory, or District”. Pub. L. 104–294, § 604(b)(14)(B), repealed Pub. L. 103–322, § 320103(b)(1). See 1994 Amendment note below. 1994—Pub. L. 103–322, § 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, § 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, § 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, § 320103(b)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(H), above, was repealed by Pub. L. 104–294, § 604(b)(14)(B). Pub. L. 103–322, § 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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment 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.

§242 Deprivation of rights under color of law