Title 18 — Crimes and Criminal Procedure
Part I · Chapter 13 — Civil Rights
§ 241. Conspiracy against rights
Statutory text
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 241
June 25, 1948, ch. 645, 62 Stat. 696
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 696Pub. L. 90–284 title I § 103(a) · 82 Stat. 73
Changed · 18 U.S.C. § 241
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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(a) Section 241 of title 18, United States Code, is amended Penalties. Conspiracy again at rights of citizens. 62 Stat. 696. by striking out the final paragraph thereof and substituting the following: “They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any b rm of years or for life.”Minor and Technical Criminal Law Amendments Act of 1988
Pub. L. 100–690 title VII § 7018(a) · 102 Stat. 4181
Struck · 18 U.S.C. § 241
Pub. L. 100–690 struck out “of citizens” after “rights” in section catchline
Substituted · 18 U.S.C. § 241
Pub. L. 100–690 substituted “inhabitant of any State, Territory, or District” for “citizen” in text
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(a) In General.— Section 241 of title 18, United States Code, is amended by striking “citizen” and inserting “inhabitant of any State, Territory, or District”.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 330016(1)(L) · 108 Stat. 1796
Substituted · 18 U.S.C. § 241
Pub. L. 103–322, § 330016(1)(L), substituted “They shall be fined under this title” for “They shall be fined not more than $10,000” in third par
Source evidence
Code amendment note
Pub. L. 103–322, § 330016(1)(L), substituted “They shall be fined under this title” for “They shall be fined not more than $10,000” in third par.Enacted provision · exact public law section
(L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 595, 599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798, 844, 892, 893, 894, 924, 952, 955, 962, 963, 964, 965, 966, 967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027, 1082, 1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461, 1462, 1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903, 1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113, 2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 2314, 2315, 2383, 2386, 2387, 2388, and 2512 by striking “not more than $10,000” each place it appears and inserting “under this title”;Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 320201(a) · 108 Stat. 1796
Substituted · 18 U.S.C. § 241
Pub. L. 103–322, § 320201(a), substituted “person in any State” for “inhabitant of any State” in first par
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–322, § 320201(a), substituted “person in any State” for “inhabitant of any State” in first par.Enacted provision · exact public law section
(a) Conspiracy Against Rights.— Section 241 of title 18, United States Code, is amended by striking “inhabitant of” and inserting “person in”.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 320103(a)(2) · 108 Stat. 1796
Substituted · 18 U.S.C. § 241
Pub. L. 103–322, § 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”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–322, § 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”.Enacted provision · exact public law section
(2) by inserting “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” after “results”;Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 § 320103(a)(1) · 108 Stat. 1796
Repealed · 18 U.S.C. § 241
Pub. L. 103–322, § 320103(a)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(L), above, was repealed by Pub. L. 104–294, § 604(b)(14)(A)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–322, § 320103(a)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(L), above, was repealed by Pub. L. 104–294, § 604(b)(14)(A).Enacted provision · exact public law section
(1) by striking “not more than $10,000” and inserting “under this title”;Federal Death Penalty Act of 1994
Pub. L. 103–322 § 60006(a) · 108 Stat. 1796
Substituted · 18 U.S.C. § 241
Pub. L. 103–322, § 60006(a), substituted “, or may be sentenced to death.” for period at end of third par
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–322, § 60006(a), substituted “, or may be sentenced to death.” for period at end of third par.Enacted provision · exact public law section
(a) Conspiracy Against Rights.— Section 241 of title 18, United States Code, is amended by striking the period at the end of the last sentence and inserting “, or may be sentenced to death”.Economic Espionage Act of 1996
Pub. L. 104–294 § 607(a) · 110 Stat. 3488
Substituted · 18 U.S.C. § 241
Pub. L. 104–294, § 607(a), substituted “any State, Territory, Commonwealth, Possession, or District” for “any State, Territory, or District” in first par
Source evidence
Code amendment note
Pub. L. 104–294, § 607(a), substituted “any State, Territory, Commonwealth, Possession, or District” for “any State, Territory, or District” in first par.Enacted provision · exact public law section
(a) Sections 241 and 242 of title 18, United States Code, are each amended by striking “any State, Territory, or District” and inserting “any State, Territory, Commonwealth, Possession, or District”.Effective date note
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.Economic Espionage Act of 1996
Pub. L. 104–294 § 604(b)(14)(A) · 110 Stat. 3488
Repealed · 18 U.S.C. § 241
Pub. L. 104–294, § 604(b)(14)(A), repealed Pub. L. 103–322, § 320103(a)(1). See 1994 Amendment note below
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–294, § 604(b)(14)(A), repealed Pub. L. 103–322, § 320103(a)(1). See 1994 Amendment note below.Enacted provision · exact public law section
(A) in subsection (a), by striking paragraph (1); 18 USC 241. 18 USC 242. 18 USC 245.Effective date note
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.
10 of 11 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., § 51 (Mar. 4, 1909, ch. 321, § 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.
Editorial Notes
Amendments1968–1996 · 4 rounds
1996
Pub. L. 104–294, § 607(a), substituted “any State, Territory, Commonwealth, Possession, or District” for “any State, Territory, or District” in first par.
Pub. L. 104–294, § 604(b)(14)(A), repealed Pub. L. 103–322, § 320103(a)(1). See 1994 Amendment note below.
1994
Pub. L. 103–322, § 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, § 320201(a), substituted “person in any State” for “inhabitant of any State” in first par.
Pub. L. 103–322, § 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, § 320103(a)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(L), above, was repealed by Pub. L. 104–294, § 604(b)(14)(A).
Pub. L. 103–322, § 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by section 604(b)(14)(A) of Pub. L. 104–294 effective , 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, § 1, , 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’.”
Credits
1948–1996 · 5 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 696
- 1968Pub. L. 90–284, title I, § 103(a), , 82 Stat. 75
- 1988Pub. L. 100–690, title VII, § 7018(a), (b)(1), , 102 Stat. 4396
- 1994Pub. L. 103–322, title VI, § 60006(a), title XXXII, §§ 320103(a), 320201(a), title XXXIII, § 330016(1)(L), , 108 Stat. 1970, 2109, 2113, 2147
- 1996Pub. L. 104–294, title VI, §§ 604(b)(14)(A), 607(a), , 110 Stat. 3507, 3511.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90–284, title I, § 103(a), , 82 Stat. 75; Pub. L. 100–690, title VII, § 7018(a), (b)(1), , 102 Stat. 4396; Pub. L. 103–322, title VI, § 60006(a), title XXXII, §§ 320103(a), 320201(a), title XXXIII, § 330016(1)(L), , 108 Stat. 1970, 2109, 2113, 2147; Pub. L. 104–294, title VI, §§ 604(b)(14)(A), 607(a), , 110 Stat. 3507, 3511.)