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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 13 — Civil Rights

§ 242. Deprivation of rights under color of law

Statutory text

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, 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, 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. § 242

    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(b) · 82 Stat. 73

    Changed · 18 U.S.C. § 242

    Pub. L. 90–284 provided for imprisonment for any term of years or for life when death results

    Source evidence

    Code amendment note
    Pub. L. 90–284 provided for imprisonment for any term of years or for life when death results.

    Enacted provision · exact public law section
    (b) Section 242 of title 18, United States Code, is amended by striking Deprivation of rights. out the period at the end thereof and adding the following: “; and if death results shall he subject to imprisonment for any term of years or for life.”

  3. Minor and Technical Criminal Law Amendments Act of 1988

    Pub. L. 100–690 title VII § 7019 · 102 Stat. 4181

    Inserted · 18 U.S.C. § 242

    Pub. L. 100–690 inserted “and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both;” after “or both;”

    Source evidence

    Code amendment note
    Pub. L. 100–690 inserted “and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both;” after “or both;”.

    Enacted provision · exact public law section
    SEC. 7019. DEPRIVATION OF CIVIL RIGHTS. Section 242 of title 18, United States Code, is amended by inserting “and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both;” after “both;”.

  4. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330016(1)(H) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 242

    Pub. L. 103–322, § 330016(1)(H), substituted “shall be fined under this title” for “shall be fined not more than $1,000” after “citizens,”

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 330016(1)(H), substituted “shall be fined under this title” for “shall be fined not more than $1,000” after “citizens,”.

    Enacted provision · exact public law section
    (H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 594, 595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836, 844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959, 961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262, 1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, and 2389 by striking “not more than $1,000” each place it appears and inserting “under this title”;

  5. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320201(b) · 108 Stat. 1796

    1. Substituted · 18 U.S.C. § 242

      Pub. L. 103–322, § 320201(b), substituted “any person in any State” for “any inhabitant of any State”

    2. Substituted · 18 U.S.C. § 242

      Pub. L. 103–322, § 320201(b), substituted “on account of such person” for “on account of such inhabitant”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 320201(b), substituted “any person in any State” for “any inhabitant of any State” and “on account of such person” for “on account of such inhabitant”.

    Enacted provision · exact public law section
    (b) Deprivation of Rights Under Color of Law.— Section 242 of title 18, United States Code, is amended— (1) by striking “inhabitant of” and inserting “person in”; and (2) by striking “such inhabitant” and inserting “such person”.

  6. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320103(b)(2) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 242

    Pub. L. 103–322, § 320103(b)(2)–(5), substituted “bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, 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, shall be fined under this title, or imprisoned for any term of years or for life, or both” for “bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results 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(b)(2)–(5), substituted “bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, 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, shall be fined under this title, or imprisoned for any term of years or for life, or both” for “bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results 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 the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire,” after “bodily injury results”;

  7. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320103(b)(1) · 108 Stat. 1796

    Repealed · 18 U.S.C. § 242

    Pub. L. 103–322, § 320103(b)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(H), above, was repealed by Pub. L. 104–294, § 604(b)(14)(B)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 320103(b)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(H), above, was repealed by Pub. L. 104–294, § 604(b)(14)(B).

    Enacted provision · exact public law section
    (1) by striking “not more than $1,000” and inserting “under this title”;

  8. Federal Death Penalty Act of 1994

    Pub. L. 103–322 § 60006(b) · 108 Stat. 1796

    Inserted · 18 U.S.C. § 242

    Pub. L. 103–322, § 60006(b), inserted before period at end “, or may be sentenced to death”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–322, § 60006(b), inserted before period at end “, or may be sentenced to death”.

    Enacted provision · exact public law section
    (b) Deprivation of Rights Under Color of Law.— Section 242 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. § 242

    Pub. L. 104–294, § 607(a), substituted “any State, Territory, Commonwealth, Possession, or District” for “any State, Territory, or District”

    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”.

    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)(B) 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)(B) · 110 Stat. 3488

    Repealed · 18 U.S.C. § 242

    Pub. L. 104–294, § 604(b)(14)(B), repealed Pub. L. 103–322, § 320103(b)(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)(B), repealed Pub. L. 103–322, § 320103(b)(1). See 1994 Amendment note below.

    Enacted provision · exact public law section
    (B) in subsection (b), by striking paragraph (1); and

    Effective date note
    Amendment by section 604(b)(14)(B) 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., § 52 (Mar. 4, 1909, ch. 321, § 20, 35 Stat. 1092).

Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title.

A minor change was made in phraseology.

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”.

Pub. L. 104–294, § 604(b)(14)(B), repealed Pub. L. 103–322, § 320103(b)(1). See 1994 Amendment note below.

1994

Pub. L. 103–322, § 330016(1)(H), substituted “shall be fined under this title” for “shall be fined not more than $1,000” after “citizens,”.

Pub. L. 103–322, § 320201(b), substituted “any person in any State” for “any inhabitant of any State” and “on account of such person” for “on account of such inhabitant”.

Pub. L. 103–322, § 320103(b)(2)–(5), substituted “bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, 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, shall be fined under this title, or imprisoned for any term of years or for life, or both” for “bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life”.

Pub. L. 103–322, § 320103(b)(1), which provided for amendment identical to Pub. L. 103–322, § 330016(1)(H), above, was repealed by Pub. L. 104–294, § 604(b)(14)(B).

Pub. L. 103–322, § 60006(b), inserted before period at end “, or may be sentenced to death”.

1988

Pub. L. 100–690 inserted “and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both;” after “or both;”.

1968

Pub. L. 90–284 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)(B) 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.

Credits

1948–1996 · 5 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 696
  2. 1968Pub. L. 90–284, title I, § 103(b), , 82 Stat. 75
  3. 1988Pub. L. 100–690, title VII, § 7019, , 102 Stat. 4396
  4. 1994Pub. L. 103–322, title VI, § 60006(b), title XXXII, §§ 320103(b), 320201(b), title XXXIII, § 330016(1)(H), , 108 Stat. 1970, 2109, 2113, 2147
  5. 1996Pub. L. 104–294, title VI, §§ 604(b)(14)(B), 607(a), , 110 Stat. 3507, 3511.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90–284, title I, § 103(b), , 82 Stat. 75; Pub. L. 100–690, title VII, § 7019, , 102 Stat. 4396; Pub. L. 103–322, title VI, § 60006(b), title XXXII, §§ 320103(b), 320201(b), title XXXIII, § 330016(1)(H), , 108 Stat. 1970, 2109, 2113, 2147; Pub. L. 104–294, title VI, §§ 604(b)(14)(B), 607(a), , 110 Stat. 3507, 3511.)

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