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

Summary

Makes it a federal crime for anyone — even a public official — to willfully hurt or try to hurt someone because of who they are. Protected traits are race, color, religion, national origin, gender, sexual orientation, gender identity, and disability. If a person causes physical injury for those reasons, they can be punished by up to 10 years in prison, a fine, or both. If the attack causes death or includes kidnapping, aggravated sexual abuse, or an attempt to kill, the punishment can be any number of years or life in prison, fines, or both. For attacks based on religion, national origin, gender, sexual orientation, gender identity, or disability, the federal law applies when there is a connection with interstate or foreign commerce or travel (for example, travel across state lines, use of interstate commerce channels, a weapon that traveled in interstate commerce, or when the act affects interstate commerce). The same penalties apply if the conduct happens in areas under U.S. maritime or territorial jurisdiction. Conspiring to commit these crimes that causes death, serious bodily injury, or involves kidnapping or similar violent acts can lead to up to 30 years in prison and fines. Federal prosecutors must follow written guidelines from the Attorney General to decide if a crime was bias-motivated. The United States usually can only bring these cases after the Attorney General (or a designee) certifies in writing that a State lacks jurisdiction, asked the federal government to take the case, that the State’s result left federal interests unvindicated, or that a federal prosecution is needed to secure substantial justice. Federal officers and grand juries may still investigate. Cases must be started within 7 years of the crime unless the offense resulted in death, which has no time limit. The law defines certain terms briefly: “bodily injury” means physical harm (not only emotional), “explosive or incendiary device” and “firearm” refer to other federal definitions, “gender identity” means actual or perceived gender-related traits, and “State” includes DC, Puerto Rico, and U.S. territories. A court may also require education or community service tied to the harmed community as a condition of supervised release after prison.

Title 18, §249

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)(1)Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person—

(A)shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and

(B)shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—

(i)death results from the offense; or

(ii)the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

(2)(A)Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person—

(i)shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and

(ii)shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—

(I)death results from the offense; or

(II)the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

(B)For purposes of subparagraph (A), the circumstances described in this subparagraph are that—

(i)the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim—

(I)across a State line or national border; or

(II)using a channel, facility, or instrumentality of interstate or foreign commerce;

(ii)the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);

(iii)in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or

(iv)the conduct described in subparagraph (A)—

(I)interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or

(II)otherwise affects interstate or foreign commerce.

(3)Whoever, within the special maritime or territorial jurisdiction of the United States, engages in conduct described in paragraph (1) or in paragraph (2)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (2)(B)) shall be subject to the same penalties as prescribed in those paragraphs.

(4)All prosecutions conducted by the United States under this section shall be undertaken pursuant to guidelines issued by the Attorney General, or the designee of the Attorney General, to be included in the United States Attorneys’ Manual that shall establish neutral and objective criteria for determining whether a crime was committed because of the actual or perceived status of any person.

(5)Whoever conspires to commit any offense under paragraph (1), (2), or (3) shall, if death or serious bodily injury (as defined in section 2246 of this title) results from the offense, be imprisoned for not more than 30 years, fined in accordance with this title, or both.

(6)Whoever conspires to commit any offense under paragraph (1), (2), or (3) shall, if death or serious bodily injury (as defined in section 2246 of this title) results from the offense, or if the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, be imprisoned for not more than 30 years, fined in accordance with this title, or both.

(b)(1)No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that—

(A)the State does not have jurisdiction;

(B)the State has requested that the Federal Government assume jurisdiction;

(C)the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; or

(D)a prosecution by the United States is in the public interest and necessary to secure substantial justice.

(2)Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.

(c)In this section—

(1)the term “bodily injury” has the meaning given such term in section 1365(h)(4) of this title, but does not include solely emotional or psychological harm to the victim;

(2)the term “explosive or incendiary device” has the meaning given such term in section 232 of this title;

(3)the term “firearm” has the meaning given such term in section 921(a) of this title;

(4)the term “gender identity” means actual or perceived gender-related characteristics; and

(5)the term “State” includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.

(d)(1)Except as provided in paragraph (2), no person shall be prosecuted, tried, or punished for any offense under this section unless the indictment for such offense is found, or the information for such offense is instituted, not later than 7 years after the date on which the offense was committed.

(2)An indictment or information alleging that an offense under this section resulted in death may be found or instituted at any time without limitation.

(e)If a court includes, as a part of a sentence of imprisonment imposed for a violation of subsection (a), a requirement that the defendant be placed on a term of supervised release after imprisonment under section 3583, the court may order, as an explicit condition of supervised release, that the defendant undertake educational classes or community service directly related to the community harmed by the defendant’s offense.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (a)(5), (6). Pub. L. 117–107 added pars. (5) and (6). 2021—Subsec. (e). Pub. L. 117–13 added subsec. (e). 2009—Subsec. (a)(4). Pub. L. 111–84, § 4711, added par. (4).

Statutory Notes and Related Subsidiaries

Severability

Pub. L. 111–84, div. E, § 4709, Oct. 28, 2009, 123 Stat. 2841, which related to

Severability

of provisions, was editorially reclassified as section 30505 of Title 34, Crime Control and Law

Enforcement

. Rule of

Construction

Pub. L. 111–84, div. E, § 4710, Oct. 28, 2009, 123 Stat. 2841, which related to

Construction

, was editorially reclassified as section 30506 of Title 34, Crime Control and Law

Enforcement

. Findings Pub. L. 111–84, div. E, § 4702, Oct. 28, 2009, 123 Stat. 2835, which set out Congressional findings related to hate crimes, was editorially reclassified as section 30501 of Title 34, Crime Control and Law

§249 Hate Crime Acts

Summary

Title 18, §249

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Severability

Severability

Enforcement

Construction

Construction

Enforcement

Enforcement

Citations & Metadata