42 U.S.C. § 2000h: Criminal contempt…

Summary

If a person is charged with criminal contempt under titles II–VII of this Act, they can demand a jury trial that follows the usual criminal trial rules. If convicted, the punishment cannot be more than a $1,000 fine or six months in jail. The rule does not cover contempt done in the judge’s presence or so close that it blocks court business, or misconduct by court officers. A conviction requires the act was done on purpose. Courts still may use civil contempt (no jury) to make people follow court orders or to stop obstruction, including holding someone in custody to enforce compliance.

Title 42, §2000h

The Public Health and Welfare, Source: USLM XML via OLRC

In any proceeding for criminal contempt arising under title II, III, IV, V, VI, or VII of this Act, the accused, upon demand therefor, shall be entitled to a trial by jury, which shall conform as near as may be to the practice in criminal cases. Upon conviction, the accused shall not be fined more than $1,000 or imprisoned for more than six months. This section shall not apply to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to the misbehavior, misconduct, or disobedience of any officer of the court in respect to writs, orders, or process of the court. No person shall be convicted of criminal contempt hereunder unless the act or omission constituting such contempt shall have been intentional, as required in other cases of criminal contempt. Nor shall anything herein be construed to deprive courts of their power, by civil contempt proceedings, without a jury, to secure compliance with or to prevent obstruction of, as distinguished from punishment for violations of, any lawful writ, process, order, rule, decree, or command of the court in accordance with the prevailing usages of law and equity, including the power of detention.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Title II, III, IV, V, VI, or VII of this Act, referred to in text, mean title II, III, IV, V, VI, or VII of Pub. L. 88–352, July 2, 1964, 78 Stat. 243. Titles II, III, and IV are classified generally to subchapters II (§ 2000a et seq.), III (§ 2000b et seq.), and IV (§ 2000c et seq.) of this chapter. Title V amended sections 1975a to 1975d of this title. Title VI enacted sections 2000d to 2000d–4 of this title. Title VII enacted sections 2000e to 2000e–15 of this title, amended section 2204 and 2205 of former Title 5, Executive Departments and Government Officers and Employees, and enacted provisions set out as a note under section 2000e of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2000a of this title and Tables.

§2000h Criminal Contempt Proceedings: Trial by Jury, Criminal Practice, Penalties, Exceptions, Intent; Civil Contempt Proceedings