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CITE

    18 USC Sec. 241                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 13 - CIVIL RIGHTS

HEAD

    Sec. 241. Conspiracy against rights

STATUTE

      If two or more persons conspire to injure, oppress, threaten, or
    intimidate any person in any State, Territory, Commonwealth,
    Possession, or District in the free exercise or enjoyment of any
    right or privilege secured to him by the Constitution or laws of
    the United States, or because of his having so exercised the same;
    or
      If two or more persons go in disguise on the highway, or on the
    premises of another, with intent to prevent or hinder his free
    exercise or enjoyment of any right or privilege so secured -
      They 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, they 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(a), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100-690, title
    VII, Sec. 7018(a), (b)(1), Nov. 18, 1988, 102 Stat. 4396; Pub. L.
    103-322, title VI, Sec. 60006(a), title XXXII, Secs. 320103(a),
    320201(a), title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108
    Stat. 1970, 2109, 2113, 2147; Pub. L. 104-294, title VI, Secs.
    604(b)(14)(A), 607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 51 (Mar. 4, 1909, ch.
    321, Sec. 19, 35 Stat. 1092).
      Clause making conspirator ineligible to hold office was omitted
    as incongruous because it attaches ineligibility to hold office to
    a person who may be a private citizen and who was convicted of
    conspiracy to violate a specific statute. There seems to be no
    reason for imposing such a penalty in the case of one individual
    crime, in view of the fact that other crimes do not carry such a
    severe consequence. The experience of the Department of Justice is
    that this unusual penalty has been an obstacle to successful
    prosecutions for violations of the act.
      Mandatory punishment provision was rephrased in the alternative.
      Minor changes in phraseology were made.
                                AMENDMENTS
      1996 - Pub. L. 104-294, Sec. 607(a), substituted "any State,
    Territory, Commonwealth, Possession, or District" for "any State,
    Territory, or District" in first par.
      Pub. L. 104-294, Sec. 604(b)(14)(A), repealed Pub. L. 103-322,
    Sec. 320103(a)(1). See 1994 Amendment note below.
      1994 - Pub. L. 103-322, Sec. 330016(1)(L), substituted "They
    shall be fined under this title" for "They shall be fined not more
    than $10,000" in third par.
      Pub. L. 103-322, Sec. 320201(a), substituted "person in any
    State" for "inhabitant of any State" in first par.
      Pub. L. 103-322, Sec. 320103(a)(2)-(4), in third par.,
    substituted "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, they shall be fined under this title
    or imprisoned for any term of years or for life, or both" for
    "results, they shall be subject to imprisonment for any term of
    years or for life".
      Pub. L. 103-322, Sec. 320103(a)(1), which provided for amendment
    identical to Pub. L. 103-322, Sec. 330016(1)(L), above, was
    repealed by Pub. L. 104-294, Sec. 604(b)(14)(A).
      Pub. L. 103-322, Sec. 60006(a), substituted ", or may be
    sentenced to death." for period at end of third par.
      1988 - Pub. L. 100-690 struck out "of citizens" after "rights" in
    section catchline and substituted "inhabitant of any State,
    Territory, or District" for "citizen" in text.
      1968 - Pub. L. 90-284 increased limitation on fines from $5,000
    to $10,000 and 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)(A) 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.
                       SHORT TITLE OF 1996 AMENDMENT
      Pub. L. 104-155, Sec. 1, July 3, 1996, 110 Stat. 1392, provided
    that: "This Act [amending section 247 of this title and section
    10602 of Title 42, The Public Health and Welfare, enacting
    provisions set out as a note under section 247 of this title, and
    amending provisions set out as a note under section 534 of Title
    28, Judiciary and Judicial Procedure] may be cited as the 'Church
    Arson Prevention Act of 1996'."
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