§ 247. Damage to religious property; obstruction of persons in the free exercise of religious beliefs

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. 1988

   Pub. L. 100–346 § 1 · 102 Stat. 644

   Enacted · 18 U.S.C. § 247

   Added Pub. L. 100–346, § 1, June 24, 1988, 102 Stat. 644

   Source evidence

   Code source credit
   Added Pub. L. 100–346, § 1, June 24, 1988, 102 Stat. 644

   Enacted provision · exact public law section
   SECTION 1. CRIMINAL PENALTIES FOR DAMAGE TO RELIGIOUS PROPERTY AND FOR OBSTRUCTION OF PERSONS IN THE FREE EXERCISE OF RELIGIOUS BELIEFS. Chapter 13 of title 18, United States Code, is amended by adding at the end the following new section: “§ 247. Damage to religious property; obstruction of persons in the free exercise of religious beliefs “(a) Whoever, in any of the circumstances referred to in subsection (b) of this section— “(1) intentionally defaces, damages, or destroys any religious real property, because of the religious character of that property, or attempts to do so; or “(2) intentionally obstructs, by force or threat of force, any person in the enjoyment of that person’s free exercise of religious beliefs, or attempts to do so; shall be punished as provided in subsection (c) of this section. “(b) The circumstances referred to in subsection (a) are that— “(1) in committing the offense, the defendant travels in interstate or foreign commerce, or uses a facility or instrumentality of interstate or foreign commerce in interstate or foreign commerce; and “(2) in the case of an offense under subsection (a)(1), the loss resulting from the defacement, damage, or destruction is more than $10,000. “(c) The punishment for a violation of subsection (a) of this section shall be— “(1) if death results, a fine in accordance with this title and imprisonment for any term of years or for life, or both; “(2) if serious bodily injury results, a fine in accordance with this title and imprisonment for not more than ten years, or both; and “(3) in any other case, a fine in accordance with this title and imprisonment for not more than one year, or both. “(d) No prosecution of any offense described in this section shall be undertaken by the United States except upon the notification in writing of the Attorney General or his designee that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice. “(e) As used in this section— “(1) the term ‘religious real property’ means any church, synagogue, mosque, religious cemetery, or other religious real property; and “(2) the term ‘serious bodily injury’ means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.”.

2. 1994

   Violent Crime Control and Law Enforcement Act of 1994

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

   Inserted · 18 U.S.C. § 247(c)(1)

   Pub. L. 103–322, § 320103(d)(1), inserted “from 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 “death results”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 103–322, § 320103(d)(1), inserted “from 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 “death results”.

   Enacted provision · exact public law section
   (1) in subsection (c)(1) by inserting “from 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 “death results”;

3. 1994

   Federal Death Penalty Act of 1994

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

   Inserted · 18 U.S.C. § 247(c)(1)

   Pub. L. 103–322, § 60006(d), inserted “, or may be sentenced to death” after “or both”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–322, § 60006(d), inserted “, or may be sentenced to death” after “or both”.

   Enacted provision · exact public law section
   (d) Damage to Religious Property; Obstruction of the Free Exercise of Religious Rights.— Section 247(c)(1) of title 18, United States Code, is amended by inserting “, or may be sentenced to death” after “or both”.

4. 1994

   Violent Crime Control and Law Enforcement Act of 1994

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

   Struck and inserted · 18 U.S.C. § 247(c)(2)

   Pub. L. 103–322, § 320103(d)(2), struck out “serious” before “bodily” and inserted “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 “injury results”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 103–322, § 320103(d)(2), struck out “serious” before “bodily” and inserted “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 “injury results”.

   Enacted provision · exact public law section
   (2) in subsection (c)(2)— (A) by striking “serious”; and (B) 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”; and

5. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 320103(d)(3) · 108 Stat. 1796

   Amended · 18 U.S.C. § 247(e)

   Pub. L. 103–322, § 320103(d)(3), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “As used in this section—

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 103–322, § 320103(d)(3), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “As used in this section—

   “(1) the term ‘religious real property’ means any church, synagogue, mosque, religious cemetery, or other religious real property; and “(2) the term ‘serious bodily injury’ means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.”

   Enacted provision · exact public law section
   (3) by amending subsection (e) to read as follows:4 “(e) As used in this section, the term ‘religious property’ means any church, synagogue, mosque, religious cemetery, or other religious property.”.

6. 1996

   Pub. L. 104–155 § 3(1) · 110 Stat. 1392

   Substituted · 18 U.S.C. § 247(a)

   Pub. L. 104–155, § 3(1), substituted “subsection (d)” for “subsection (c) of this section” in concluding provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–155, § 3(1), substituted “subsection (d)” for “subsection (c) of this section” in concluding provisions.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking “subsection (c) of this section” and inserting “subsection (d)”;

7. 1996

   Pub. L. 104–155 § 3(3) · 110 Stat. 1392

   1. Added · 18 U.S.C. § 247(b)

      Pub. L. 104–155, § 3(3), added subsec. (b)

   2. Struck · 18 U.S.C. § 247(b)

      Pub. L. 104–155, § 3(3), struck out former subsec. (b) which read as follows: “The circumstances referred to in subsection (a) are that—

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–155, § 3(3), added subsec. (b) and struck out former subsec. (b) which read as follows: “The circumstances referred to in subsection (a) are that—

   “(1) in committing the offense, the defendant travels in interstate or foreign commerce, or uses a facility or instrumentality of interstate or foreign commerce in interstate or foreign commerce; and “(2) in the case of an offense under subsection (a)(1), the loss resulting from the defacement, damage, or destruction is more than $10,000.”

   Enacted provision · exact public law section
   (3) by striking subsection (b) and inserting the following: “(b) The circumstances referred to in subsection (a) are that the offense is in or affects interstate or foreign commerce. “(c) Whoever intentionally defaces, damages, or destroys any religious real property because of the race, color, or ethnic characteristics of any individual associated with that religious property, or attempts to do so, shall be punished as provided in subsection (d).”;

8. 1996

   Pub. L. 104–155 § 3(2) · 110 Stat. 1392

   Redesignated · 18 U.S.C. § 247(c)

   Pub. L. 104–155, § 3(2), added subsec. (c). Former subsec. (c) redesignated (d)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–155, § 3(2), added subsec. (c). Former subsec. (c) redesignated (d).

   Enacted provision · exact public law section
   (2) by redesignating subsections (c), (d), and (e), as subsections (d), (e), and (f), respectively;

9. 1996

   Pub. L. 104–155 § 3(2) · 110 Stat. 1392

   Redesignated · 18 U.S.C. § 247(d)

   Pub. L. 104–155, § 3(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 104–155, § 3(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

   Enacted provision · exact public law section
   (2) by redesignating subsections (c), (d), and (e), as subsections (d), (e), and (f), respectively;

10. 1996

    Pub. L. 104–155 § 3(4)(C) · 110 Stat. 1392

    Redesignated · 18 U.S.C. § 247(d)(2)

    Pub. L. 104–155, § 3(4)(C), added par. (2). Former par. (2) redesignated (3)

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 104–155, § 3(4)(C), added par. (2). Former par. (2) redesignated (3).

    Enacted provision · exact public law section
    (C) by inserting after paragraph (1) the following: “(2) if bodily injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, and the violation is by means of fire or an explosive, a fine under this title or imprisonment for not more that 40 years, or both;”;

11. 1996

    Pub. L. 104–155 § 3(4)(A) · 110 Stat. 1392

    1. Redesignated · 18 U.S.C. § 247(d)(3)

       Pub. L. 104–155, § 3(4)(A), (B), redesignated par. (2) as (3)

    2. Inserted · 18 U.S.C. § 247(d)(3)

       Pub. L. 104–155, § 3(4)(A), (B), inserted “to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section,” after “bodily injury”

    3. Redesignated · 18 U.S.C. § 247(d)(3)

       Pub. L. 104–155, § 3(4)(A), (B), substituted “20 years” for “ten years”. Former par. (3) redesignated (4)

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 104–155, § 3(4)(A), (B), redesignated par. (2) as (3), inserted “to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section,” after “bodily injury” and substituted “20 years” for “ten years”. Former par. (3) redesignated (4).

    Enacted provision · exact public law section
    (A) in paragraph (2)— (i) by inserting “to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section,” after “bodily injury”; and (ii) by striking “ten years” and inserting “20 years”;

12. 1996

    Pub. L. 104–155 § 3(4)(B) · 110 Stat. 1392

    Redesignated · 18 U.S.C. § 247(d)(4)

    Pub. L. 104–155, § 3(4)(B), redesignated par. (3) as (4)

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 104–155, § 3(4)(B), redesignated par. (3) as (4).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;

13. 1996

    Pub. L. 104–155 § 3(2) · 110 Stat. 1392

    Redesignated · 18 U.S.C. § 247(e)

    Pub. L. 104–155, § 3(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–155, § 3(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

    Enacted provision · exact public law section
    (2) by redesignating subsections (c), (d), and (e), as subsections (d), (e), and (f), respectively;

14. 1996

    Pub. L. 104–155 § 3(2) · 110 Stat. 1392

    1. Redesignated · 18 U.S.C. § 247(f)

       Pub. L. 104–155, § 3(2), (5), redesignated subsec. (e) as (f)

    2. Inserted · 18 U.S.C. § 247(f)

       Pub. L. 104–155, § 3(2), (5), inserted “, including fixtures or religious objects contained within a place of religious worship” before the period

    3. Substituted · 18 U.S.C. § 247(f)

       Pub. L. 104–155, § 3(2), (5), substituted “religious real property” for “religious property” in two places

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–155, § 3(2), (5), redesignated subsec. (e) as (f), inserted “, including fixtures or religious objects contained within a place of religious worship” before the period, and substituted “religious real property” for “religious property” in two places.

    Enacted provision · exact public law section
    (2) by redesignating subsections (c), (d), and (e), as subsections (d), (e), and (f), respectively;

15. 1996

    Pub. L. 104–155 § 3(6) · 110 Stat. 1392

    Added · 18 U.S.C. § 247(g)

    Pub. L. 104–155, § 3(6), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 104–155, § 3(6), added subsec. (g).

    Enacted provision · exact public law section
    (6) by adding at the end the following new subsection: “(g) No person shall be prosecuted, tried, or punished for any noncapital offense under this section unless the indictment is found or the information is instituted not later than 7 years after the date on which the offense was committed.”.

16. 1996

    Economic Espionage Act of 1996

    Pub. L. 104–294 § 605(r) · 110 Stat. 3488

    Repealed · 18 U.S.C. § 247(d)

    Pub. L. 104–294, § 605(r), which directed the substitution of “certification” for “notification” in subsec. (d), was repealed by Pub. L. 107–273, § 4002(c)(1)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–294, § 605(r), which directed the substitution of “certification” for “notification” in subsec. (d), was repealed by Pub. L. 107–273, § 4002(c)(1).

    Enacted provision · exact public law section
    (r) Correction of Word Usage.— Section 247(d) of title 18, United States Code, is amended by striking “notification” and inserting “certification”.

17. 1996

    Economic Espionage Act of 1996

    Pub. L. 104–294 § 601(c)(3) · 110 Stat. 3488

    1. Amended · 18 U.S.C. § 247(e)

       Pub. L. 104–294, § 601(c)(3), as amended by Pub. L. 107–273, § 4002(e)(4)

    2. Substituted · 18 U.S.C. § 247(e)

       Pub. L. 104–294, § 601(c)(3), as substituted “certification” for “notification”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–294, § 601(c)(3), as amended by Pub. L. 107–273, § 4002(e)(4), substituted “certification” for “notification”.

    Enacted provision · exact public law section
    (3) Section 247(d) of title 18, United States Code, is amended by striking “notification” and inserting “certification”.

18. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 § 4002(c)(1) · 116 Stat. 1758

    Repealed · 18 U.S.C. § 247(d)

    Pub. L. 107–273, § 4002(c)(1), repealed amendment by Pub. L. 104–294, § 605(r). See 1996 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–273, § 4002(c)(1), repealed amendment by Pub. L. 104–294, § 605(r). See 1996 Amendment note below.

    Enacted provision · exact public law section
    (1) Elimination of duplicate amendments.— Effective on the date of its enactment, paragraphs (1), (2), and (4) of section 601(b), paragraph (2) of section 601(d), paragraph (2) of section 601(f), paragraphs (1) and (2)(A) of section 601(j), paragraphs Effective date. (1) and (2) of section 601(k), subsection (d) of section 602, paragraph (4) of section 604(b), subsection (r) of section 605, and paragraph (2) of section 607(j) of the Economic Espionage Act of 1996 are repealed.

    Effective date note
    Pub. L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, provided that the amendment made by section 4002(c)(1) is effective Oct. 11, 1996. Pub. L. 107–273, div. B, title IV, § 4002(e)(4), Nov. 2, 2002, 116 Stat. 1810, provided that the amendment made by section 4002(e)(4) is effective Oct. 11, 1996.

19. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 § 4002(e)(4) · 116 Stat. 1758

    Changed · 18 U.S.C. § 247(e)

    Pub. L. 107–273, § 4002(e)(4), made technical correction to directory language of Pub. L. 104–294, § 601(c)(3). See 1996 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 107–273, § 4002(e)(4), made technical correction to directory language of Pub. L. 104–294, § 601(c)(3). See 1996 Amendment note below.

    Enacted provision · exact public law section
    (4) Correction to reflect cross reference change made by other law.— Effective on the date of its enactment, section 601(c)(3) of the Economic Espionage Act of 1996 is amended by striking “247(d)” and inserting “247(e)”.

    Effective date note
    Pub. L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, provided that the amendment made by section 4002(c)(1) is effective Oct. 11, 1996. Pub. L. 107–273, div. B, title IV, § 4002(e)(4), Nov. 2, 2002, 116 Stat. 1810, provided that the amendment made by section 4002(e)(4) is effective Oct. 11, 1996.

20. 2018

    Protecting Religiously Affiliated Institutions Act of 2018

    Pub. L. 115–249 § 2(1) · 132 Stat. 3162

    Inserted · 18 U.S.C. § 247(a)(2)

    Pub. L. 115–249, § 2(1), inserted “including by threat of force against religious real property,” after “threat of force,”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 115–249, § 2(1), inserted “including by threat of force against religious real property,” after “threat of force,”.

    Enacted provision · exact public law section
    (1) in subsection (a)(2), by inserting after “threat of force,” the following: “including by threat of force against religious real property,”;

21. 2018

    Protecting Religiously Affiliated Institutions Act of 2018

    Pub. L. 115–249 § 2(2)(A) · 132 Stat. 3162

    Inserted · 18 U.S.C. § 247(d)

    Pub. L. 115–249, § 2(2)(A), inserted “or (c)” after “subsection (a)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–249, § 2(2)(A), inserted “or (c)” after “subsection (a)” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1), by inserting “or (c)” after “subsection (a)”;

22. 2018

    Protecting Religiously Affiliated Institutions Act of 2018

    Pub. L. 115–249 § 2(2)(B) · 132 Stat. 3162

    1. Added · 18 U.S.C. § 247(d)(4); 18 U.S.C. § 247(d)(5)

       Pub. L. 115–249, § 2(2)(B)–(D), added par. (4)

    2. Redesignated · 18 U.S.C. § 247(d)(4); 18 U.S.C. § 247(d)(5)

       Pub. L. 115–249, § 2(2)(B)–(D), redesignated former par. (4) as (5)

    Source evidence

    Code amendment note
    Subsec. (d)(4), (5). Pub. L. 115–249, § 2(2)(B)–(D), added par. (4) and redesignated former par. (4) as (5).

    Enacted provision · exact public law section
    (B) in paragraph (3), by striking “and” at the end;

23. 2018

    Protecting Religiously Affiliated Institutions Act of 2018

    Pub. L. 115–249 § 2(3) · 132 Stat. 3162

    Inserted · 18 U.S.C. § 247(f)

    Pub. L. 115–249, § 2(3), inserted “, or real property owned or leased by a nonprofit, religiously affiliated organization” before period at end

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 115–249, § 2(3), inserted “, or real property owned or leased by a nonprofit, religiously affiliated organization” before period at end.

    Enacted provision · exact public law section
    (3) in subsection (f), by inserting before the period at the end the following: “, or real property owned or leased by a nonprofit, religiously affiliated organization”.

30 of 30 references resolved to an enrolled provision