[edit] Cyber terrorismGovernment officials and Information Technology security specialists have documented a significant increase in Internet problems and server scans since early 2001. But there is a growing concern among federal officials[who?] that such intrusions are part of an organized effort by cyberterrorists, foreign intelligence services, or other groups to map potential security holes in critical systems.
[edit] Cyber terrorismGovernment officials and Information Technology security specialists have documented a significant increase in Internet problems and server scans since early 2001. But there is a growing concern among federal officials[who?] that such intrusions are part of an organized effort by cyberterrorists, foreign intelligence services, or other groups to map potential security holes in critical systems. A cyberterrorist is someone who intimidates or coerces a government or organization to advance his or her political or social objectives by launching computer-based attack against computers, network, and the information stored on them.
Cyber terrorism in general, can be defined as an act of terrorism committed through the use of cyberspace or computer resources (Parker 1983). As such, a simple propaganda in the Internet, that there will be bomb attacks during the holidays can be considered cyberterrorism. As well there are also hacking activities directed towards individuals, families, organized by groups within networks, tending to cause fear among people, demonstrate power, collecting information relevant for ruining peoples' lives, robberies, blackmailing etc.
Cyberextortion is a form of cyberterrorism in which a website, e-mail server, or computer system is subjected to repeated denial of service or other attacks by malicious hackers, who demand money in return for promising to stop the attacks. According to the Federal Bureau of Investigation, cyberextortionists are increasingly attacking corporate websites and networks, crippling their ability to operate and demanding payments to restore their service. More than 20 cases are reported each month to the FBI and many go unreported in order to keep the victim's name out of the domain. Perpetrators typically use a distributed denial-of-service attack.[7]
[edit] Cyber warfareMain article: Cyber warfare
The U.S. Department of Defense (DoD) notes that cyberspace has emerged as a national-level concern through several recent events of geo-strategic significance. Among those are included the attack on Estonia's infrastructure in 2007, allegedly by Russian hackers. "In August 2008, Russia again allegedly conducted cyber attacks, this time in a coordinated and synchronized kinetic and non-kinetic campaign against the country of Georgia. Fearing that such attacks may become the norm in future warfare among nation-states, the concept of cyberspace operations impacts and will be adapted by warfighting military commanders in the future.[8]
[edit] Documented casesOne of the highest profiled banking computer crime occurred during a course of three years beginning in 1970. The chief teller at the Park Avenue branch of New York's Union Dime Savings Bank embezzled over $1.5 million from hundreds of accounts.[9]
A hacking group called the MOD (Masters of Deception), allegedly stole passwords and technical data from Pacific Bell, Nynex, and other telephone companies as well as several big credit agencies and two major universities. The damage caused was extensive, one company, Southwestern Bell suffered losses of $370,000 alone.[9]
In 1983, a nineteen year old UCLA student used his PC to break into a Defense Department international communications system.[9]
Between 1995 and 1998 the Newscorp satellite pay to view encrypted SKY-TV service was hacked several times during an on-going technological arms race between a pan-European hacking group and Newscorp. The original motivation of the hackers was to watch Star Trek re-runs in Germany; which was something which Newscorp did not have the copyright to allow.[10]
On 26 March 1999, the Melissa worm infected a document on a victim's computer, then automatically sent that document and copy of the virus via e-mail to other people.
In February 2000 a individual going by the alias of MafiaBoy began a series denial-of-service attacks against high profile websites, including Yahoo!, Amazon.com, Dell, Inc., E*TRADE, eBay, and CNN. About fifty computers at Stanford University, and also computers at the University of California at Santa Barbara, were amongst the zombie computers sending pings in DDoS attacks. On 3 August 2000, Canadian federal prosecutors charged MafiaBoy with 54 counts of illegal access to computers, plus a total of ten counts of mischief to data for his attacks.
The Russian Business Network (RBN) was registered as an internet site in 2006. Initially, much of its activity was legitimate. But apparently the founders soon discovered that it was more profitable to host illegitimate activities and started hiring its services to criminals. The RBN has been described by VeriSign as "the baddest of the bad".[11] It offers web hosting services and internet access to all kinds of criminal and objectionable activities, with an individual activities earning up to $150 million in one year. It specialized in and in some cases monopolized personal identity theft for resale. It is the originator of MPack and an alleged operator of the Storm botnet.
On 2 March 2010, Spanish investigators busted 3[clarification needed] in infection of over 13 million computers around the world. The "botnet" of infected computers included PCs inside more than half of the Fortune 1000 companies and more than 40 major banks, according to investigators.
In August 2010 the international investigation Operation Delego, operating under the aegis of the Department of Homeland Security, shut down the international pedophile ring Dreamboard. The website had approximately 600 members, and may have distributed up to 123 terabytes of child pornography (roughly equivalent to 16,000 DVDs). To date this is the single largest U.S. prosecution of an international child pornography ring; 52 arrests were made worldwide.[12]
[edit] Combatting Computer CrimeA computer can be a source of evidence. Even when a computer is not directly used for criminal purposes, may contain records of value to criminal investigators.
[edit] See alsoComputer trespass
Cyber bullying
Cyber defamation law
Cyber terrorism
Economic and Industrial Espionage
Federal Bureau of Investigation (FBI)
High Technology Crime Investigation Association
Immigration and Customs Enforcement (ICE)
Internet homicide
Internet stalking
Internet suicide
Internet War
INTERPOL
Legal aspects of computing
List of convicted computer criminals
Metasploit Project
Online predator
Organized crime
Penetration test
Personal jurisdiction over international defendants in the United States
Police National E-Crime Unit
United States Secret Service
White collar crime
[edit] References1.^ Moore, R. (2005) "Cybercrime: Investigating High-Technology Computer Crime," Cleveland, Mississippi: Anderson Publishing.
2.^ Warren G. Kruse, Jay G. Heiser (2002). Computer forensics: incident response essentials. Addison-Wesley. pp. 392. ISBN 0201707195.
3.^ Mann and Sutton 1998: >>Netcrime: More change in the Organization of Thieving. British Journal of Criminology; 38: 201-229. Oxfordjournals.org
4.^ Internet Security Systems. March-2005.
5.^ Ophardt, Jonathan A. "Cyber warfare and the crime of aggression: the need for individual accountability on tomorrow's battlefield" Duke Law and Technology Review, February 23, 2010.
6.^ See, e.g., Telephone Consumer Protection Act of 1991, Do-Not-Call Implementation Act of 2003, CAN-SPAM Act of 2003.
7.^ Lepofsky, J. (2006, June). Cyberextortion by denial-of-service attack. Risk, Retrieved from http://www.ere-security.ca/PDF/Cyberextortion%20by%20DoS,%20Risk%20Magazine%20June%202006.pdf
8.^ "War is War? The utility of cyberspace operations in the contemporary operational environment" U.S. Army War College, February 2010.
9.^ a b c Weitzer, Ronald (2003). Current Controversies in Criminology. Upper Saddle River, New Jersey: Pearson Education Press. pp. 150.
10.^ Mann, D. and Sutton, M. (1998) >>Netcrime: More Change in the Organization of Thieving. British Journal of Criminology. 38:PP. 201-229 Oxfordjournals.org
11.^ "A walk on the dark side". The Economist. 2007-09-30. http://economist.com/displaystory.cfm?story_id=9723768.
12.^ http://www.dhs.gov/ynews/releases/20110803-napolitano-holder-announce-largest-prosecution-criminal-network.shtm
[edit] Further readingBalkin, J., Grimmelmann, J., Katz, E., Kozlovski, N., Wagman, S. & Zarsky, T. (2006) (eds) Cybercrime: Digital Cops in a Networked Environment, New York University Press, New York.
Brenner, S. (2007) Law in an Era of Smart Technology, Oxford: Oxford University Press
Csonka P. (2000) Internet Crime; the Draft council of Europe convention on cyber-crime: A response to the challenge of crime in the age of the internet? Computer Law & Security Report Vol.16 no.5.
Easttom C. (2010) Computer Crime Investigation and the Law
Fafinski, S. (2009) Computer Misuse: Response, regulation and the law Cullompton: Willan
Grabosky, P. (2006) Electronic Crime, New Jersey: Prentice Hall
McQuade, S. (2006) Understanding and Managing Cybercrime, Boston: Allyn & Bacon.
McQuade, S. (ed) (2009) The Encyclopedia of Cybercrime, Westport, CT: Greenwood Press.
Parker D (1983) Fighting Computer Crime, U.S.: Charles Scribner’s Sons.
Pattavina, A. (ed) Information Technology and the Criminal Justice System, Thousand Oaks, CA: Sage.
Paul Taylor. Hackers: Crime in the Digital Sublime (November 3, 1999 ed.). Routledge; 1 edition. pp. 200. ISBN 0415180724.
Robertson, J. (2010, March 2). Authorities bust 3 in infection of 13m computers. Retrieved March 26, 2010, from Boston News: Boston.com
Walden, I. (2007) Computer Crimes and Digital Investigations, Oxford: Oxford University Press.
Wall, D.S. (2007) Cybercrimes: The transformation of crime in the information age, Cambridge: Polity.
Williams, M. (2006) Virtually Criminal: Crime, Deviance and Regulation Online, Routledge, London.
Yar, M. (2006) Cybercrime and Society, London: Sage.
[edit] External links This article's use of external links may not follow Wikipedia's policies or guidelines. Please improve this article by removing excessive and inappropriate external links. (August 2010)
High Technology Crime Investigation Association
A Guide to Computer Crime from legal.practitioner.com
Computer Crime Research Center
CyberCrime Asia Research Center - Information about computer crime, Internet fraud and CyberTerrorism in Asia
Cyber Crime Portal India - Cyber Crime Portal in India
Cyber Crime Blog - Cyber Crime Blog
[edit] Government resourcesCybercrime.gov from the United States Department of Justice
National Institute of Justice Electronic Crime Program from the United States Department of Justice
FBI Cyber Investigations home page
US Secret Service Computer Fraud
Australian High Tech Crime Centre
[1]
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TITLE 18 > PART I > CHAPTER 13 > § 241
Prev | Next § 241. Conspiracy against rights
How Current is This? 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.
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18 USC Sec. 242 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 13 - CIVIL RIGHTS
HEAD
Sec. 242. Deprivation of rights under color of law
STATUTE
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.
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90-284, title I,
Sec. 103(b), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100-690, title
VII, Sec. 7019, Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103-322,
title VI, Sec. 60006(b), title XXXII, Secs. 320103(b), 320201(b),
title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 1970,
2109, 2113, 2147; Pub. L. 104-294, title VI, Secs. 604(b)(14)(B),
607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 52 (Mar. 4, 1909, ch.
321, Sec. 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.
AMENDMENTS
1996 - Pub. L. 104-294, Sec. 607(a), substituted "any State,
Territory, Commonwealth, Possession, or District" for "any State,
Territory, or District".
Pub. L. 104-294, Sec. 604(b)(14)(B), repealed Pub. L. 103-322,
Sec. 320103(b)(1). See 1994 Amendment note below.
1994 - Pub. L. 103-322, Sec. 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, Sec. 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, Sec. 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, Sec. 320103(b)(1), which provided for amendment
identical to Pub. L. 103-322, Sec. 330016(1)(H), above, was
repealed by Pub. L. 104-294, Sec. 604(b)(14)(B).
Pub. L. 103-322, Sec. 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.
EFFECTIVE DATE OF 1996 AMENDMENT
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.
18 USC Sec. 243 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 13 - CIVIL RIGHTS
HEAD
Sec. 243. Exclusion of jurors on account of race or color
STATUTE
No citizen possessing all other qualifications which are or may
be prescribed by law shall be disqualified for service as grand or
petit juror in any court of the United States, or of any State on
account of race, color, or previous condition of servitude; and
whoever, being an officer or other person charged with any duty in
the selection or summoning of jurors, excludes or fails to summon
any citizen for such cause, shall be fined not more than $5,000.
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 696.)
HISTORICAL AND REVISION NOTES
Based on section 44 of title 8, U.S.C., 1940 ed., Aliens and
Nationality (Mar. 1, 1875, ch. 114, Sec. 4, 18 Stat. 336).
Words "be deemed guilty of a misdemeanor, and" were deleted as
unnecessary in view of definition of misdemeanor in section 1 of
this title.
Words "on conviction thereof" were omitted as unnecessary, since
punishment follows only after conviction.
Minimum punishment provisions were omitted. (See reviser's note
under section 203 of this title.)
Minor changes in phraseology were made.
18 USC 244 - Sec. 244. Discrimination against person wearing uniform of armed forces U.S. Code - Title 18: Crimes and Criminal Procedure
Linked as:
Text
--------------------------------------------------------------------------------
Whoever, being a proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any Territory, or Possession of the United States, causes any person wearing the uniform of any of the armed forces of the United States to be discriminated against because of that uniform, shall be fined under this title.
--------------------------------------------------------------------------------
Historical And Revision Notes
1948 ACT Based on title 18, U.S.C., 1940 ed., Sec. 523 (Mar. 1, 1911, ch. 187, 36 Stat. 963; Aug. 24, 1912, ch. 387, Sec. 1, 37 Stat. 512; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800). Words "guilty of a misdemeanor", following "shall be", were omitted as unnecessary in view of definition of "misdemeanor" in section 1 of this title. (See reviser's note under section 212 of this title.) Changes were made in phraseology. 1949 ACT This section [section 5] substitutes, in section 244 of title 18, U.S.C., "any of the armed forces of the United States" for the enumeration of specific branches and thereby includes the Air Force, formerly part of the Army. This clarification is necessary because of the establishment of the Air Force as a separate branch of the Armed Forces by the act of July 26, 1947. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $500". 1949 - Act May 24, 1949, substituted "any of the armed forces of the United States" for enumeration of the specific branches.
18 USC Sec. 245 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 13 - CIVIL RIGHTS
HEAD
Sec. 245. Federally protected activities
STATUTE
(a)(1) Nothing in this section shall be construed as indicating
an intent on the part of Congress to prevent any State, any
possession or Commonwealth of the United States, or the District of
Columbia, from exercising jurisdiction over any offense over which
it would have jurisdiction in the absence of this section, nor
shall anything in this section be construed as depriving State and
local law enforcement authorities of responsibility for prosecuting
acts that may be violations of this section and that are violations
of State and local law. No prosecution of any offense described in
this section shall be undertaken by the United States except upon
the certification in writing of the Attorney General, the Deputy
Attorney General, the Associate Attorney General, or any Assistant
Attorney General specially designated by the Attorney General that
in his judgment a prosecution by the United States is in the public
interest and necessary to secure substantial justice, which
function of certification may not be delegated.
(2) Nothing in this subsection shall be construed to limit the
authority of Federal officers, or a Federal grand jury, to
investigate possible violations of this section.
(b) Whoever, whether or not acting under color of law, by force
or threat of force willfully injures, intimidates or interferes
with, or attempts to injure, intimidate or interfere with -
(1) any person because he is or has been, or in order to
intimidate such person or any other person or any class of
persons from -
(A) voting or qualifying to vote, qualifying or campaigning
as a candidate for elective office, or qualifying or acting as
a poll watcher, or any legally authorized election official, in
any primary, special, or general election;
(B) participating in or enjoying any benefit, service,
privilege, program, facility, or activity provided or
administered by the United States;
(C) applying for or enjoying employment, or any perquisite
thereof, by any agency of the United States;
(D) serving, or attending upon any court in connection with
possible service, as a grand or petit juror in any court of the
United States;
(E) participating in or enjoying the benefits of any program
or activity receiving Federal financial assistance; or
(2) any person because of his race, color, religion or national
origin and because he is or has been -
(A) enrolling in or attending any public school or public
college;
(B) participating in or enjoying any benefit, service,
privilege, program, facility or activity provided or
administered by any State or subdivision thereof;
(C) applying for or enjoying employment, or any perquisite
thereof, by any private employer or any agency of any State or
subdivision thereof, or joining or using the services or
advantages of any labor organization, hiring hall, or
employment agency;
(D) serving, or attending upon any court of any State in
connection with possible service, as a grand or petit juror;
(E) traveling in or using any facility of interstate
commerce, or using any vehicle, terminal, or facility of any
common carrier by motor, rail, water, or air;
(F) enjoying the goods, services, facilities, privileges,
advantages, or accommodations of any inn, hotel, motel, or
other establishment which provides lodging to transient guests,
or of any restaurant, cafeteria, lunchroom, lunch counter, soda
fountain, or other facility which serves the public and which
is principally engaged in selling food or beverages for
consumption on the premises, or of any gasoline station, or of
any motion picture house, theater, concert hall, sports arena,
stadium, or any other place of exhibition or entertainment
which serves the public, or of any other establishment which
serves the public and (i) which is located within the premises
of any of the aforesaid establishments or within the premises
of which is physically located any of the aforesaid
establishments, and (ii) which holds itself out as serving
patrons of such establishments; or
(3) during or incident to a riot or civil disorder, any person
engaged in a business in commerce or affecting commerce,
including, but not limited to, any person engaged in a business
which sells or offers for sale to interstate travelers a
substantial portion of the articles, commodities, or services
which it sells or where a substantial portion of the articles or
commodities which it sells or offers for sale have moved in
commerce; or
(4) any person because he is or has been, or in order to
intimidate such person or any other person or any class of
persons from -
(A) participating, without discrimination on account of race,
color, religion or national origin, in any of the benefits or
activities described in subparagraphs (1)(A) through (1)(E) or
subparagraphs (2)(A) through (2)(F); or
(B) affording another person or class of persons opportunity
or protection to so participate; or
(5) any citizen because he is or has been, or in order to
intimidate such citizen or any other citizen from lawfully aiding
or encouraging other persons to participate, without
discrimination on account of race, color, religion or national
origin, in any of the benefits or activities described in
subparagraphs (1)(A) through (1)(E) or subparagraphs (2)(A)
through (2)(F), or participating lawfully in speech or peaceful
assembly opposing any denial of the opportunity to so participate
-
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. As used in this
section, the term "participating lawfully in speech or peaceful
assembly" shall not mean the aiding, abetting, or inciting of other
persons to riot or to commit any act of physical violence upon any
individual or against any real or personal property in furtherance
of a riot. Nothing in subparagraph (2)(F) or (4)(A) of this
subsection shall apply to the proprietor of any establishment which
provides lodging to transient guests, or to any employee acting on
behalf of such proprietor, with respect to the enjoyment of the
goods, services, facilities, privileges, advantages, or
accommodations of such establishment if such establishment is
located within a building which contains not more than five rooms
for rent or hire and which is actually occupied by the proprietor
as his residence.
(c) Nothing in this section shall be construed so as to deter any
law enforcement officer from lawfully carrying out the duties of
his office; and no law enforcement officer shall be considered to
be in violation of this section for lawfully carrying out the
duties of his office or lawfully enforcing ordinances and laws of
the United States, the District of Columbia, any of the several
States, or any political subdivision of a State. For purposes of
the preceding sentence, the term "law enforcement officer" means
any officer of the United States, the District of Columbia, a
State, or political subdivision of a State, who is empowered by law
to conduct investigations of, or make arrests because of, offenses
against the United States, the District of Columbia, a State, or a
political subdivision of a State.
(d) For purposes of this section, the term "State" includes a
State of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
SOURCE
(Added Pub. L. 90-284, title I, Sec. 101(a), Apr. 11, 1968, 82
Stat. 73; amended Pub. L. 100-690, title VII, Sec. 7020(a), Nov.
18, 1988, 102 Stat. 4396; Pub. L. 101-647, title XII, Sec. 1205(b),
Nov. 29, 1990, 104 Stat. 4830; Pub. L. 103-322, title VI, Sec.
60006(c), title XXXII, Sec. 320103(c), title XXXIII, Sec.
330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 1971, 2109, 2147; Pub.
L. 104-294, title VI, Sec. 604(b)(14)(C), (37), Oct. 11, 1996, 110
Stat. 3507, 3509.)
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-294 amended Pub. L. 103-322, Sec.
320103(c). See 1994 Amendment notes below.
1994 - Subsec. (b). Pub. L. 103-322, Sec. 330016(1)(L),
substituted "shall be fined under this title" for "shall be fined
not more than $10,000" before ", or imprisoned not more than ten
years" in concluding provisions.
Pub. L. 103-322, Sec. 330016(1)(H), substituted "shall be fined
under this title" for "shall be fined not more than $1,000" before
", or imprisoned not more than one year" in concluding provisions.
Pub. L. 103-322, Sec. 320103(c)(4)-(6), in concluding provisions,
inserted "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 "death results" and substituted "shall be
fined under this title or imprisoned for any term of years or for
life, or both" for "shall be subject to imprisonment for any term
of years or for life".
Pub. L. 103-322, Sec. 320103(c)(3), which provided for amendment
identical to Pub. L. 103-322, Sec. 330016(1)(L), above, was
repealed by Pub. L. 104-294, Sec. 604(b)(14)(C).
Pub. L. 103-322, Sec. 320103(c)(2), as amended by Pub. L. 104-
294, Sec. 604(b)(37), 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 "bodily injury results" in concluding provisions.
Pub. L. 103-322, Sec. 320103(c)(1), which provided for amendment
identical to Pub. L. 103-322, Sec. 330016(1)(H), above, was
repealed by Pub. L. 104-294, Sec. 604(b)(14)(C).
Pub. L. 103-322, Sec. 60006(c), in concluding provisions,
inserted ", or may be sentenced to death" before ". As used in this
section".
1990 - Subsec. (d). Pub. L. 101-647 added subsec. (d).
1988 - Subsec. (a)(1). Pub. L. 100-690 substituted ", the Deputy"
for "or the Deputy" and inserted ", the Associate Attorney General,
or any Assistant Attorney General specially designated by the
Attorney General" after "Deputy Attorney General".
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
FAIR HOUSING
Section 101(b) of Pub. L. 90-284 provided that: "Nothing
contained in this section [enacting this section] shall apply to or
affect activities under title VIII of this Act [sections 3601 to
3619 of Title 42, The Public Health and Welfare]."
RIOTS OR CIVIL DISTURBANCES, SUPPRESSION AND RESTORATION OF LAW AND
ORDER; ACTS OR OMISSIONS OF ENFORCEMENT OFFICERS AND MEMBERS OF
MILITARY SERVICE NOT SUBJECT TO THIS SECTION
Section 101(c) of Pub. L. 90-284 provided that: "The provisions
of this section [enacting this section] shall not apply to acts or
omissions on the part of law enforcement officers, members of the
National Guard, as defined in section 101(9) of title 10, United
States Code, members of the organized militia of any State or the
District of Columbia, not covered by such section 101(9), or
members of the Armed Forces of the United States, who are engaged
in suppressing a riot or civil disturbance or restoring law and
order during a riot or civil disturbance."
18 USC Sec. 1071 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 49 - FUGITIVES FROM JUSTICE
HEAD
Sec. 1071. Concealing person from arrest
STATUTE
Whoever harbors or conceals any person for whose arrest a warrant
or process has been issued under the provisions of any law of the
United States, so as to prevent his discovery and arrest, after
notice or knowledge of the fact that a warrant or process has been
issued for the apprehension of such person, shall be fined under
this title or imprisoned not more than one year, or both; except
that if the warrant or process issued on a charge of felony, or
after conviction of such person of any offense, the punishment
shall be a fine under this title, or imprisonment for not more than
five years, or both.
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 755; Aug. 20, 1954, ch. 771, 68
Stat. 747; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), (K),
Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107-273, div. B, title IV,
Sec. 4003(a)(3), Nov. 2, 2002, 116 Stat. 1811.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 246 (Mar. 4, 1909, ch.
321, Sec. 141, 35 Stat. 1114).
Section 246 of title 18, U.S.C., 1940 ed., was divided. Part is
in this section and the remainder is incorporated in section 752 of
this title.
Minor changes were made in phraseology.
AMENDMENTS
2002 - Pub. L. 107-273 substituted "fine under this title" for
"fine of under this title".
1994 - Pub. L. 103-322 substituted "under this title" for "not
more than $1,000" after "person, shall be fined" and for "not more
than $5,000" after "shall be a fine of".
1954 - Act Aug. 20, 1954, increased the penalty from 6 months to
1 year where the violator harbored a person for whom process has
been issued on a misdemeanor charge and inserted the penalty
provision where the violation occurred after a person has been
convicted of any offense or where a process has been issued for a
felony.
Search this site:
Home | US CodeSupport This Site Section 245Section 247
§246. Deprivation of relief benefits
Whoever directly or indirectly deprives, attempts to deprive, or threatens to deprive any person of any employment, position, work, compensation, or other benefit provided for or made possible in whole or in part by any Act of Congress appropriating funds for work relief or relief purposes, on account of political affiliation, race, color, sex, religion, or national origin, shall be fined under this title, or imprisoned not more than one year, or both.
(Added Pub. L. 94–453, §4(a), Oct. 2, 1976, 90 Stat. 1517; amended Pub. L. 103–322, title XXXIII, §330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
Amendments
1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.
Section 245Section 247 Title 18—CRIMES AND CRIMINAL PROCEDURE
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Chapter 11B—CHEMICAL WEAPONS
Chapter 12—CIVIL DISORDERS
Chapter 13—CIVIL RIGHTS
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Section 241—Conspiracy against rights
Section 242—Deprivation of rights under color of law
Section 243—Exclusion of jurors on account of race or color
Section 244—Discrimination against person wearing uniform of armed forces
Section 245—Federally protected activities
Section 246—Deprivation of relief benefits
Section 247—Damage to religious property; obstruction of persons in the free exercise of religious beliefs
Section 248—Freedom of access to clinic entrances
Section 249—Hate crime acts
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Chapter 15—CLAIMS AND SERVICES IN MATTERS AFFECTING GOVERNMENT
Chapter 17—COINS AND CURRENCY
Chapter 17A—COMMON CARRIER OPERATION UNDER THE INFLUENCE OF ALCOHOL OR DRUGS
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Referenced From (4)
Full TOCCurrent through: Feb 1 2010
© Copyright CorpusLegalis.com. All rights reserved.
§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 Section 247 — Damage to religious property; obstruction of persons in the free exercise of religious beliefsReferenced text will be loaded in a moment.—
(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 (d).
(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).
(d) The punishment for a violation of subsection (a) of this section Section 247 — Damage to religious property; obstruction of persons in the free exercise of religious beliefsReferenced text will be loaded in a moment. shall be—
(1) if death results 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, a fine in accordance with this title and imprisonment for any term of years or for life, or both, or may be sentenced to death;
(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;
(3) if bodily injury to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, 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, a fine in accordance with this title and imprisonment for not more than 20 years, or both; and
(4) in any other case, a fine in accordance with this title and imprisonment for not more than one year, or both.
(e) No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification 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.
(f) As used in this section, the term “religious real property” means any church, synagogue, mosque, religious cemetery, or other religious real property, including fixtures or religious objects contained within a place of religious worship.
(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.
(Added Pub. L. 100–346, §1, June 24, 1988, 102 Stat. 644; amended Pub. L. 103–322, title VI, §60006(d), title XXXII, §320103(d), Sept. 13, 1994, 108 Stat. 1971, 2110; Pub. L. 104–155, §3, July 3, 1996, 110 Stat. 1392; Pub. L. 104–294, title VI, §§601(c)(3), 605(r), Oct. 11, 1996, 110 Stat. 3499, 3511; Pub. L. 107–273, div. B, title IV, §4002(c)(1), (e)(4), Nov. 2, 2002, 116 Stat. 1808, 1810.)
Amendments
2002—Subsec. (d). Pub. L. 107–273, §4002(c)(1), repealed amendment by Pub. L. 107–273, §605(r). See 1996 Amendment note below.
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.
1996—Subsec. (a). Pub. L. 104–155, §3(1), substituted “subsection (d)” for “subsection (c) of this section Section 247 — Damage to religious property; obstruction of persons in the free exercise of religious beliefsReferenced text will be loaded in a moment.” in concluding provisions.
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.”
Subsec. (c). Pub. L. 104–155, §3(2), added subsec. (c). Former subsec. (c) redesignated (d).
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).
Subsec. (d). Pub. L. 104–155, §3(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(2). Pub. L. 104–155, §3(4)(C), added par. (2). Former par. (2) redesignated (3).
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).
Subsec. (d)(4). Pub. L. 104–155, §3(4)(B), redesignated par. (3) as (4).
Subsec. (e). Pub. L. 104–294, §601(c)(3), as amended by Pub. L. 107–273, §4002(e)(4), substituted “certification” for “notification”.
Pub. L. 104–155, §3(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
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.
Subsec. (g). Pub. L. 104–155, §3(6), added subsec. (g).
1994—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”.
Pub. L. 103–322, §60006(d), inserted “, or may be sentenced to death” after “or both”.
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”.
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.”
Effective Date of 2002 Amendment
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.
Congressional Findings
Section 2 of Pub. L. 104–155 provided that: “The Congress finds the following:
“(1) The incidence of arson or other destruction or vandalism of places of religious worship, and the incidence of violent interference with an individual's lawful exercise or attempted exercise of the right of religious freedom at a place of religious worship pose a serious national problem.
“(2) The incidence of arson of places of religious worship has recently increased, especially in the context of places of religious worship that serve predominantly African-American congregations.
“(3) Changes in Federal law are necessary to deal properly with this problem.
“(4) Although local jurisdictions have attempted to respond to the challenges posed by such acts of destruction or damage to religious property, the problem is sufficiently serious, widespread, and interstate in scope to warrant Federal intervention to assist State and local jurisdictions.
“(5) Congress has authority, pursuant to the Commerce Clause of the Constitution, to make acts of destruction or damage to religious property a violation of Federal law.
“(6) Congress has authority, pursuant to section 2 of the 13th amendment to the Constitution, to make actions of private citizens motivated by race, color, or ethnicity that interfere with the ability of citizens to hold or use religious property without fear of attack, violations of Federal criminal law.”
Section 246Section 248 Title 18—CRIMES AND CRIMINAL PROCEDURE
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Chapter 11B—CHEMICAL WEAPONS
Chapter 12—CIVIL DISORDERS
Chapter 13—CIVIL RIGHTS
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Section 242—Deprivation of rights under color of law
Section 243—Exclusion of jurors on account of race or color
Section 244—Discrimination against person wearing uniform of armed forces
Section 245—Federally protected activities
Section 246—Deprivation of relief benefits
Section 247—Damage to religious property; obstruction of persons in the free exercise of religious beliefs
Section 248—Freedom of access to clinic entrances
Section 249—Hate crime acts
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Chapter 15—CLAIMS AND SERVICES IN MATTERS AFFECTING GOVERNMENT
Chapter 17—COINS AND CURRENCY
Chapter 17A—COMMON CARRIER OPERATION UNDER THE INFLUENCE OF ALCOHOL OR DRUGS
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Referenced From (6)
Full TOCCurrent through: Feb 1 2010
© Copyright CorpusLegalis.com. All rights reserved.
§248. Freedom of access to clinic entrances
(a) Prohibited Activities.—Whoever—
(1) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person because that person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services;
(2) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts 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) intentionally damages or destroys the property of a facility, or attempts to do so, because such facility provides reproductive health services, or intentionally damages or destroys the property of a place of religious worship,
shall be subject to the penalties provided in subsection (b) and the civil remedies provided in subsection (c), except that a parent or legal guardian of a minor shall not be subject to any penalties or civil remedies under this section for such activities insofar as they are directed exclusively at that minor.
(b) Penalties.—Whoever violates this section shall—
(1) in the case of a first offense, be fined in accordance with this title, or imprisoned not more than one year, or both; and
(2) in the case of a second or subsequent offense after a prior conviction under this section, be fined in accordance with this title, or imprisoned not more than 3 years, or both;
except that for an offense involving exclusively a nonviolent physical obstruction, the fine shall be not more than $10,000 and the length of imprisonment shall be not more than six months, or both, for the first offense; and the fine shall, notwithstanding section 3571, be not more than $25,000 and the length of imprisonment shall be not more than 18 months, or both, for a subsequent offense; and except that if bodily injury results, the length of imprisonment shall be not more than 10 years, and if death results, it shall be for any term of years or for life.
(c) Civil Remedies.—
(1) Right of action.—
(A) In general.—Any person aggrieved by reason of the conduct prohibited by subsection (a) may commence a civil action for the relief set forth in subparagraph (B), except that such an action may be brought under subsection (a)(1) only by a person involved in providing or seeking to provide, or obtaining or seeking to obtain, services in a facility that provides reproductive health services, and such an action may be brought under subsection (a)(2) only by a person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship or by the entity that owns or operates such place of religious worship.
(B) Relief.—In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for attorneys and expert witnesses. With respect to compensatory damages, the plaintiff may elect, at any time prior to the rendering of final judgment, to recover, in lieu of actual damages, an award of statutory damages in the amount of $5,000 per violation.
(2) Action by attorney general of the united states.—
(A) In general.—If the Attorney General of the United States has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of this section, the Attorney General may commence a civil action in any appropriate United States District Court.
(B) Relief.—In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief, and compensatory damages to persons aggrieved as described in paragraph (1)(B). The court, to vindicate the public interest, may also assess a civil penalty against each respondent—
(i) in an amount not exceeding $10,000 for a nonviolent physical obstruction and $15,000 for other first violations; and
(ii) in an amount not exceeding $15,000 for a nonviolent physical obstruction and $25,000 for any other subsequent violation.
(3) Actions by state attorneys general.—
(A) In general.—If the Attorney General of a State has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of this section, such Attorney General may commence a civil action in the name of such State, as parens patriae on behalf of natural persons residing in such State, in any appropriate United States District Court.
(B) Relief.—In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory damages, and civil penalties as described in paragraph (2)(B).
(d) Rules of Construction.—Nothing in this section shall be construed—
(1) to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution;
(2) to create new remedies for interference with activities protected by the free speech or free exercise clauses of the First Amendment to the Constitution, occurring outside a facility, regardless of the point of view expressed, or to limit any existing legal remedies for such interference;
(3) to provide exclusive criminal penalties or civil remedies with respect to the conduct prohibited by this section, or to preempt State or local laws that may provide such penalties or remedies; or
(4) to interfere with the enforcement of State or local laws regulating the performance of abortions or other reproductive health services.
(e) Definitions.—As used in this section:
(1) Facility.—The term “facility” includes a hospital, clinic, physician's office, or other facility that provides reproductive health services, and includes the building or structure in which the facility is located.
(2) Interfere with.—The term “interfere with” means to restrict a person's freedom of movement.
(3) Intimidate.—The term “intimidate” means to place a person in reasonable apprehension of bodily harm to him- or herself or to another.
(4) Physical obstruction.—The term “physical obstruction” means rendering impassable ingress to or egress from a facility that provides reproductive health services or to or from a place of religious worship, or rendering passage to or from such a facility or place of religious worship unreasonably difficult or hazardous.
(5) Reproductive health services.—The term “reproductive health services” means reproductive health services provided in a hospital, clinic, physician's office, or other facility, and includes medical, surgical, counselling or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.
(6) State.—The term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(Added Pub. L. 103–259, §3, May 26, 1994, 108 Stat. 694; amended Pub. L. 103–322, title XXXIII, §330023(a)(2), (3), Sept. 13, 1994, 108 Stat. 2150.)
Amendments
1994—Pub. L. 103–322, §330023(a)(2), amended section catchline generally. Prior to amendment, catchline read as follows: “§248 Freedom of Access to Clinic Entrances.”
Subsec. (b). Pub. L. 103–322, §330023(a)(3), in concluding provisions, inserted “, notwithstanding section 3571,” before “be not more than $25,000”.
Effective Date of 1994 Amendment
Section 330023(b) of Pub. L. 103–322 provided that: “The amendments made by this subsection (a) [amending this section] shall take effect on the date of enactment of the Freedom of Access to Clinic Entrances Act of 1994 [May 26, 1994].”
Effective Date
Section 6 of Pub. L. 103–259 provided that: “This Act [see Short Title note below] takes effect on the date of the enactment of this Act [May 26, 1994], and shall apply only with respect to conduct occurring on or after such date.”
Short Title
Section 1 of Pub. L. 103–259 provided that: “This Act [enacting this section and provisions set out as notes under this section] may be cited as the ‘Freedom of Access to Clinic Entrances Act of 1994’.”
Severability of Provisions
Section 5 of Pub. L. 103–259 provided that: “If any provision of this Act [see Short Title note above], an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any other person or circumstance shall not be affected thereby.”
Congressional Statement of Purpose
Section 2 of Pub. L. 103–259 provided that: “Pursuant to the affirmative power of Congress to enact this legislation under section 8 of article I of the Constitution, as well as under section 5 of the fourteenth amendment to the Constitution, it is the purpose of this Act [see Short Title note above] to protect and promote the public safety and health and activities affecting interstate commerce by establishing Federal criminal penalties and civil remedies for certain violent, threatening, obstructive and destructive conduct that is intended to injure, intimidate or interfere with persons seeking to obtain or provide reproductive health services.”
