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 1. Justice.gov
 2. U.S. Attorneys
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 4. Civil Rights
 5. Civil Rights Offenses




CIVIL RIGHTS OFFENSES

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CRIMINAL ENFORCEMENT

Statute Description 18 U.S.C. §§ 241, 242

Civil Rights Conspiracy Statute - Section 241 makes it unlawful for two or more
persons to agree to injure, threaten, or intimidate an individual in the free
exercise or enjoyment of his or her constitutionally protected rights.

Deprivation of Rights under the Color of Law - Section 242 makes it a crime for
a person acting under color of any law, including acts done by federal, state,
or local officials within their lawful authority, as well as acts done beyond
that authority, if they are done while the official is purporting to or
pretending to act in the performance of his or her official duties.

42 U.S.C. § 3631

“Civil Rights Act of 1968"

Hate Crimes: Criminal Interference with Fair Housing Rights - Section 3631 makes
it unlawful for an individual to use force or threaten to use force to injure,
intimidate, or interfere with any person’s housing rights because of that
person’s race, color, religion, sex, handicap, familial status, or national
origin. The statute also makes it unlawful to similarly use force or threaten to
use force against anyone who is assisting an individual or class of persons in
the exercise of their housing rights.

18 U.S.C. § 245

“Civil Rights Act of 1968"

Hate Crimes: Criminal Interference with Federally Protected Rights - Section 245
makes it unlawful to willfully injure, intimidate, or interfere with any person,
or attempt to do so by force or threat of force, because of that person’s race,
color, religion, national origin, or because of that individual’s activities as
outlined by statute.

18 U.S.C. § 249

“Matthew Shepard James Byrd Hate Crimes Prevention Act”

Hate Crimes - Section 249 criminalizes willfully causing bodily injury (or
attempting to do so with fire, firearm, or other dangerous weapon) when (1) the
crime was committed because of the actual or perceived race, color, religion,
national origin of any person or (2) the crime was committed because of the
actual or perceived religion, national origin, gender, sexual orientation,
gender identity, or disability of any person. The statute criminalizes only
violent acts resulting in bodily injury or attempts to inflict bodily injury,
NOT threats of violence (which may be prosecutable under other hate crimes
statutes).

18 U.S.C. §§ 875, 876

“Threatening Communication Act” and the “Cochran-Hull Act”

Hate Crimes: Bias Motivated Communication of Threats - Section 875 makes it a
crime to demand or request a ransom or reward for the release of a kidnaped
person. The statute also makes illegal the transmission of any communication in
interstate or foreign commerce that threatens to kidnap or injure the person of
another. Further, the statute makes unlawful the transmission in interstate or
foreign commerce any communication containing any threat to injure the property
or reputation of the addressee or of another, or the reputation of a deceased
person, as well as threats to accuse the addressee or another of a crime.

Similarly, Section 876 makes illegal the mailing of threatening communications.
The statute makes it unlawful to deposit in any post office or authorized
depository any communication demanding or requesting a ransom or reward for the
release of any kidnapped person, threats to kidnap or to injure, and threats to
injure the property or reputation of the addressee or of another, the reputation
of a deceased person, or any threat to accuse another of a crime.

18 U.S.C. § 247

“Church Arson Prevention Act of 1996"

Damage to Religious Property - Section 247 prohibits anyone from intentionally
defacing, damaging, or destroying religious property because of the religious
nature of the property, so long as the crime is committed in or affects
interstate commerce. It also prohibits anyone from intentionally obstructing or
attempting to obstruct, by force or threat of force, an individual’s enjoyment
of his or her religious beliefs. Finally, the statute prohibits anyone from
intentionally defacing, damaging, or destroying any religious real property
because of the race, color, or ethnic characteristics of any individual
associated with the property.

18 U.S.C. § 248

“Freedom of Access to Clinic Entrances Act of 1994" (“FACE”)

(FACE also contains a Civil Enforcement provision, which is discussed in the
Civil Enforcement Section, below.)

Criminal Interference with Access to Reproductive Health Services - Section 248
makes it unlawful for a person to use force, threat of force, or physical
obstruction to intentionally injure or intimidate a person (1) because he or she
has been obtaining or providing reproductive health services, or (2) because he
or she is lawfully exercising the right of religious freedom at a place of
worship. The statute also makes it unlawful for a person to intentionally damage
or destroy the property of a facility because it provides reproductive health
services, or because it is a place of worship.

18 U.S.C. §§ 1581,1584, 1589

“Trafficking Victims Protection Act of 2000"

Human Trafficking: Peonage, Involuntary Servitude, and Forced Labor ­- Section
1581 makes it unlawful to hold a person in “debt servitude,” or peonage, which
is closely related to involuntary servitude. The victim’s involuntary servitude
must be tied to the payment of a debt. The statute also prohibits using force,
the threat of force, of the threat of legal coercion to compel a person to work
against his or her will.

Section 1584 makes it unlawful to hold a person in a condition of slavery (a
condition of compulsory service or labor) against his or her will. The statute
also prohibits compelling a person to work against his or her will by creating a
“climate of fear” through the use of force, the threat of force, or the threat
of legal coercion. Conviction for such an offense requires that the victim be
held against his or her will by actual force, threats of force, or threats of
legal coercion.

Section 1589 is broader and makes it unlawful to provide or obtain the labor or
services of a person through force or threat of force; threats of serious harm,
including psychological and financial harm sufficiently serious to a compel a
person of the same background and circumstances to perform labor or services in
order to avoid incurring that harm; and abuse or threatened abuse of law or
legal process.

18 U.S.C. §1590

“Trafficking Victims Protection Act of 2000"

Human Trafficking - Section 1590 makes it unlawful to recruit, harbor,
transport, or broker persons for labor or services under conditions which
violate any of the offenses contained in Chapter 77 of Title 18 (peonage,
involuntary servitude, and forced labor).

18 U.S.C. §1591

“Trafficking Victims Protection Act of 2000"

Human Trafficking: Sex Trafficking - Section 1591 criminalizes sex trafficking,
which is defined as causing a person to engage in a commercial sex act (that is,
any sex act on account of which anything of value is given to or received by any
person) under certain conditions enumerated by statute. The specific conditions
are the use of force, fraud, or coercion, or conduct involving persons under the
age of 18.

18 U.S.C. §1592

“Trafficking Victims Protection Act of 2000"

Human Trafficking: Document Seizure - Section 1592 makes it illegal to seize
documents in order to force others to work. The statute includes false documents
as well as official documents.

18 U.S.C. §§ 2421-2424

“Mann Act”

Transportation for Illegal Sexual Activity - Transportation Generally - Section
2421 makes it illegal to knowingly transport any individual in interstate or
foreign commerce with intent that such individual engage in prostitution or in
any sexual activity that can be criminally charged.

Coercion and Enticement - Section 2422 makes it illegal to knowingly persuade,
induce, entice or coerce any individual to travel in interstate or foreign
commerce to engage in prostitution, or in any sexual activity for which the
person can be charge with a criminally charge. Section 2422 also makes it
illegal to use the mail or any facility or means of interstate or foreign
commerce to knowingly persuade, induce, entice or coerce an individual under the
age of 18 to engage in prostitution or any sexual activity that can be
criminally charged.

Transportation of Minors - Section 2423 makes it illegal to knowingly transport
an individual under the age of 18 with intent that the minor engage in
prostitution or any sexual activity that can be criminal charged. Section 2423
also makes it illegal for persons to travel into the U.S. for purpose of
engaging in sexual conduct with minors. Similarly, it is illegal for a U.S.
citizen or alien admitted for permanent residence to travel in foreign commerce
to engage in sexual conduct with a minor. Those with the purpose of commercial
advantage or private financial gain, who arrange, induce, procure or facilitate
the travel of a minor in interstate or foreign commerce are subject to
prosecution under this statute. This section also covers conspiracy.

Filing Factual Statement About Alien Individual - Whoever keeps, maintains,
controls, supports or harbors in any house or place for the purpose of
prostitution or for other immoral purpose any individual, knowingly or in
reckless disregard of the fact that the individual is an alien shall file with
the Commissioner of Immigration and Naturalization a written statement with key
information about that individual within specific time frames.


CIVIL ENFORCEMENT

Statute Description

18 U.S.C. § 248(c)

“Freedom of Access to Clinic Entrances Act” (“FACE”)

DOJ/Special Litigation Section -Section 248 (c) prohibits (1) the use of force
or threat of force or physical obstruction, to intentionally injure, intimidate
or “Freedom of Access to Clinic interfere with or attempt to injure, intimidate
or interfere with any person or Entrances Act” (“FACE”) any class of persons
from obtaining or providing reproductive health services; (2) the use of force
or threat of force or physical obstruction to intentionally injure, intimidate,
or interfere with or attempt to injure, intimidate, or interfere with any person
lawfully exercising or seeking to exercise the First Amendment right of
religious freedom at a place of religious worship; or (3) the intentional
damaging or destruction of the property of a facility, or an attempt to do so,
because such facility provides reproductive health services or intentional
damaging or destruction of the property of a place of religious worship. This
statute does not apply to speech or expressive conduct protected by the First
Amendment. Non obstructive demonstrations are legal.

42 U.S.C. §1997 et seq.

“Civil Rights of Institutionalized Persons Act” (“CRIPA”)

DOJ/Special Litigation Section - When there is reasonable cause, the Attorney
General has the authority to investigate conditions in public facilities and to
initiate a civil action for equitable and corrective relief if a pattern or
practice of unlawful actions deprive persons residing in or confined to the
facilities of their constitutional or federal statutory rights. Institutions
covered under this Act include nursing homes, psychiatric hospitals, mental
retardation facilities, jails, prisons, and juvenile correctional facilities.
Privately owned and operated institutions may similarly qualify for such
intervention, but may be exempt if certain conditions are met.

42 U.S.C. §14141

“Violent Crime Control and Law Enforcement Act of 1994"

DOJ/Special Litigation Section -The statute makes it unlawful for any
governmental authority, or agent thereof, or any person acting on behalf of a
governmental authority, to engage in a pattern or practice of conduct by law
enforcement officers or by officials or employees of any governmental agency
with responsibility for the administration of juvenile justice or the
incarceration of juveniles that deprives persons of rights, privileges, or
immunities secured or protected by the Constitution or laws of the United
States. Appropriate equitable and declaratory relief to eliminate the pattern or
practice may be obtained through civil action. Types of misconduct covered
include, among others: excessive force; discriminatory harassment; false arrest;
coercive sexual conduct; unlawful stops, searches, or arrests.

42 U.S.C. § 12101 et seq.

“Americans with Disabilities Act” (“ADA”)

DOJ/Disability Rights Section - The ADA prohibits discrimination on the basis of
disability (as defined by statute) in employment, State and local government,
public accommodations, commercial facilities, transportation, and “Americans
with Disabilities telecommunications.

Title I of the ADA requires employers with 15 or more employees of
provide qualified individuals with disabilities an equal opportunity to benefit
from the full range of employment opportunities available to others, restricts
questions with respect to an applicant’s disability, and requires employers to
make reasonable accommodations for known mental or physical limitations, unless
resulting in undue hardship.

Title II of the ADA requires that State and local governments give people with
disabilities an equal opportunity to enjoy their programs, services, and
activities.

Title II also prohibits public transportation authorities from discriminating
against people with disabilities in the provision of their services, and
requires such authorities to comply with accessibility requirements for new and
used vehicles.

Title IV of the ADA requires common carriers to establish interstate and
intrastate telecommunications relay services to enable callers with hearing and
speech disabilities, and closed captioning for Federally funded public service
announcements.

29 U.S.C. § 790 et seq.

“Rehabilitation Act of 1973" (“Rehab Act”)

The Rehab Act prohibits discrimination on the basis of disability in programs
conducted by federal agencies, in programs receiving Federal financial
assistance, in Federal employment, and in the employment practices of
Federal contractors.

42 U.S.C. §3601 et seq.

“Fair Housing Act”/“Fair Housing Amendments Act”

DOJ/Housing and Civil Enforcement Section - The statute prohibits housing
discrimination in private housing, housing that receives Federal financial
assistance, and State and local government housing, on the basis of race,
color, religion, sex, disability, familial status, and national origin. It is
unlawful to discriminate in any aspect of selling or renting housing or to deny
a dwelling to a buyer or renter because of the disability of that individual, an
individual associated with the buyer or renter, or an individual who intends to
live in the residence. The Act also requires owners of housing facilities to
make reasonable exceptions in their policies and operations to allow people with
disabilities to have equal housing opportunities. Further, the Act requires
landlords to allow tenants with disabilities to make reasonable access-related
modifications, and mandates that new multifamily housing units be accessible to
persons with disabilities. The Department of Justice is empowered to file cases
when there is evidence of a pattern or practice of discrimination.

15 U.S.C. § 1691 et seq.

“Equal Credit Opportunity Act” (“ECOA”)

DOJ/Housing and Civil Enforcement Section - The statute prohibits creditors from
discriminating against credit applicants on the basis of race, color, religion,
national origin, sex, marital status, age, because an applicant receives income
from a public assistance program, or because an applicant has in good faith
exercised any right under the Consumer Credit Protection Act. The Department of
Justice is empowered to file a lawsuit under ECOA where there is a pattern or
practice of discrimination. While other federal agencies have general regulatory
authority over certain types of lenders, ECOA requires that they refer matters
to the Justice Department when there is reason to believe that a creditor is
engaged in a pattern or practice of discrimination which violates the Act.

50 App. U.S.C.A. § 501 et seq.

“Servicemembers Civil Relief Act” (“SCRA”)

DOJ/Housing and Civil Enforcement Section - The SCRA provides a wide range of
protections for individuals entering uniformed service, called to active duty in
the military, or deployed servicemembers. It is intended to postpone or suspend
certain civil obligations, including outstanding credit card debt, mortgage
payments, pending trials, taxes, and termination of leases, while deployed.
Specifically, the Act protects servicemembers and their families from eviction
from housing while on active duty due to non-payment of rent.

42 U.S.C. § 2000e et seq.

“Title VII of the Civil Rights Act” (“Title VII”)

 

DOJ/Employment Litigation Section - Title VII makes it unlawful for covered
employers to discriminate with respect to compensation, terms, conditions,
or privileges of employment on the basis of race, color, religion, sex, or
national origin. The Act further prohibits discrimination against an individual
because his or her association with another individual of a particular race,
color, religion, sex, or national origin, as well as an individual’s interracial
association with another.

38 U.S.C. § 4301 et seq.

“Uniformed Services Employment and Reemployment Rights Act” (“USERRA”)

Employment Litigation Section - The Act makes it unlawful to deny initial
employment, reemployment, retention in employment, promotion, or any benefit of
employment to a person who is a member of, applies to be a member or, performs,
has performed, applies to perform, or has an obligation to perform uniformed
service on the basis of that service. An employer may not discriminate in
employment or take any adverse employment action against a person because he or
she has taken action to enforce a protection enumerated in the Act, testified or
made a statement in connection with a proceeding under the Act, assisted or
participated in an investigation under the Act, or exercised a right provided by
the Act. An employer is deemed to have engaged in a prohibited action if an
individual’s uniformed service or actions to preserve rights granted by the Act
is a motivating factor in the employer’s action. Upon referral from the
Secretary of Labor, if the Attorney General is reasonably satisfied that person
on whose behalf the complaint is referred is entitled to the rights or benefits
sought, he or she may commence an action for relief.

42 U.S.C. § 2000cc-1 et seq.

“Religious Land Use of Institutionalized Persons Act” (“RLUIPA”)

Special Litigation Section - RLUIPA protects the religious exercise of persons
confined to institutions covered by CRIPA (see above), such as detention
centers, mental health facilities and nursing home facilities that occur in
a program receiving federal financial assistance or affecting interstate
commerce. RLUIPA prohibits a state or local government from substantially
burdening the religious exercise of such an institutionalized person, unless the
government demonstrates that imposition of the burden furthers a compelling
governmental interest and is the least restrictive means available to further
that interest. DOJ is authorized to investigate alleged violations of RLUIPA and
to file civil lawsuits seeking injunctive or declaratory relief. RLUIPA also
enables private individuals to seek judicial remedies for violations.

Updated April 19, 2021



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