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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.

  1. 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. 696

  2. Pub. 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.”

  3. Minor and Technical Criminal Law Amendments Act of 1988

    Pub. L. 100–690 title VII § 7018(a) · 102 Stat. 4181

    1. Struck · 18 U.S.C. § 241

      Pub. L. 100–690 struck out “of citizens” after “rights” in section catchline

    2. 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”.

  4. 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”;

  5. 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”.

  6. 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”;

  7. 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”;

  8. 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”.

  9. 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.

  10. 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
  1. 1948June 25, 1948, ch. 645, 62 Stat. 696
  2. 1968Pub. L. 90–284, title I, § 103(a), , 82 Stat. 75
  3. 1988Pub. L. 100–690, title VII, § 7018(a), (b)(1), , 102 Stat. 4396
  4. 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
  5. 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.)

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