42 U.S.C. § 3631 — Violations; penalties

Page 5970 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3618 or protected by section 3603, 3604, 3605, or 3606 of this title. (Pub. L. 90–284, title VIII, § 818, formerly § 817, Apr. 11, 1968, 82 Stat. 89; renumbered § 818 and amended Pub. L. 100–430, §§ 8(1), 10, Sept. 13, 1988, 102 Stat. 1625, 1635.) Editorial Notes PRIOR PROVISIONS A prior section 818 of Pub. L. 90–284 was renumbered section 819 and is classified to section 3618 of this title. AMENDMENTS 1988—Pub. L. 100–430 struck out at end ‘‘This section may be enforced by appropriate civil action.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–430 effective on the 180th day beginning after Sept. 13, 1988, see section 13(a) of Pub. L. 100–430, set out as a note under section 3601 of this title. § 3618. Authorization of appropriations There are hereby authorized to be appro- priated such sums as are necessary to carry out the purposes of this subchapter. (Pub. L. 90–284, title VIII, § 819, formerly § 818, Apr. 11, 1968, 82 Stat. 89; renumbered § 819, Pub. L. 100–430, § 8(1), Sept. 13, 1988, 102 Stat. 1625.) Editorial Notes PRIOR PROVISIONS A prior section 819 of Pub. L. 90–284 was renumbered section 820 and is classified to section 3619 of this title. § 3619. Separability If any provision of this subchapter or the ap- plication thereof to any person or circumstances is held invalid, the remainder of the subchapter and the application of the provision to other persons not similarly situated or to other cir- cumstances shall not be affected thereby. (Pub. L. 90–284, title VIII, § 820, formerly § 819, Apr. 11, 1968, 82 Stat. 89; renumbered § 820, Pub. L. 100–430, § 8(1), Sept. 13, 1988, 102 Stat. 1625.) SUBCHAPTER II—PREVENTION OF INTIMIDATION § 3631. Violations; penalties 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— (a) any person because of his race, color, re- ligion, sex, handicap (as such term is defined in section 3602 of this title), familial status (as such term is defined in section 3602 of this title), or national origin and because he is or has been selling, purchasing, renting, financ- ing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or oc- cupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or (b) 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— (1) participating, without discrimination on account of race, color, religion, sex, hand- icap (as such term is defined in section 3602 of this title), familial status (as such term is defined in section 3602 of this title), or na- tional origin, in any of the activities, serv- ices, organizations or facilities described in subsection (a); or (2) affording another person or class of per- sons opportunity or protection so to partici- pate; or (c) any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encour- aging other persons to participate, without discrimination on account of race, color, reli- gion, sex, handicap (as such term is defined in section 3602 of this title), familial status (as such term is defined in section 3602 of this title), or national origin, in any of the activi- ties, services, organizations or facilities de- scribed in subsection (a), or participating law- fully in speech or peaceful assembly opposing any denial of the opportunity to so partici- pate— shall be fined under title 18 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, at- tempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined under title 18 or imprisoned not more than ten years, or both; and if death results from the acts com- mitted in violation of this section or if such acts include kidnapping or an attempt to kidnap, ag- gravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under title 18 or imprisoned for any term of years or for life, or both. (Pub. L. 90–284, title IX, § 901, Apr. 11, 1968, 82 Stat. 89; Pub. L. 93–383, title VIII, § 808(b)(4), Aug. 22, 1974, 88 Stat. 729; Pub. L. 100–430, § 9, Sept. 13, 1988, 102 Stat. 1635; Pub. L. 103–322, title XXXII, § 320103(e), Sept. 13, 1994, 108 Stat. 2110; Pub. L. 104–294, title VI, § 604(b)(15), (27), Oct. 11, 1996, 110 Stat. 3507, 3508.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–294, § 604(b)(27), substituted ‘‘under title 18’’ for ‘‘under this title’’ wherever appearing in closing provisions. Pub. L. 104–294, § 604(b)(15), made technical amend- ment to directory language of Pub. L. 103–322, § 320103(e). See 1994 Amendment note below. 1994—Pub. L. 103–322, § 320103(e)(1), as amended by Pub. L. 104–294, § 604(b)(15), which directed amendment in the caption by striking ‘‘bodily injury; death;’’, could not be executed because the words ‘‘bodily injury; death;’’ do not appear in the section catchline in the original. Pub. L. 103–322, § 320103(e)(2)–(7), as amended by Pub. L. 104–294, § 604(b)(15), in concluding provisions, sub- stituted ‘‘under this title’’ for ‘‘not more than $1,000,’’ before ‘‘or imprisoned not more than one year’’, in- serted ‘‘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 Page 5971 TITLE 42—THE PUBLIC HEALTH AND WELFARE fire’’ after ‘‘bodily injury results’’, substituted ‘‘under this title’’ for ‘‘not more than $10,000,’’ before ‘‘or im- prisoned not more than ten years’’, inserted ‘‘from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, ag- gravated sexual abuse or an attempt to commit aggra- vated sexual abuse, or an attempt to kill,’’ after ‘‘death results’’, substituted ‘‘fined under this title or impris- oned’’ for ‘‘subject to imprisonment’’ before ‘‘for any term of years’’, and inserted ‘‘, or both’’ before period at end. 1988—Cls. (a), (b)(1), (c). Pub. L. 100–430 inserted ‘‘, handicap (as such term is defined in section 3602 of this title), familial status (as such term is defined in section 3602 of this title),’’ after ‘‘sex’’. 1974—Pub. L. 93–383 inserted ‘‘, sex’’ after ‘‘religion’’ wherever appearing in cls. (a), (b)(1), and (c). Statutory Notes and Related Subsidiaries 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 Title 18, Crimes and Criminal Proce- dure. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–430 effective on 180th day beginning after Sept. 13, 1988, see section 13(a) of Pub. L. 100–430, set out as a note under section 3601 of this title. FEDERALLY PROTECTED ACTIVITIES; PENALTIES Penalties for violations respecting federally pro- tected activities not applicable to and not affecting ac- tivities under fair housing provisions of subchapter I of this chapter, see section 101(b) of Pub. L. 90–284, set out as a note under section 245 of Title 18, Crimes and Criminal Procedure. CHAPTER 46—JUSTICE SYSTEM IMPROVEMENT Sec. 3701, 3702. Repealed or Transferred. SUBCHAPTER I—OFFICE OF JUSTICE PROGRAMS 3711 to 3716a. Transferred. SUBCHAPTER II—NATIONAL INSTITUTE OF JUSTICE 3721 to 3724. Repealed or Transferred. SUBCHAPTER III—BUREAU OF JUSTICE STATISTICS 3731 to 3735. Repealed or Transferred. SUBCHAPTER IV—ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE 3741 to 3743. Transferred. SUBCHAPTER V—BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS PART A—EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM 3750 to 3758. Transferred or Omitted. PART B—DISCRETIONARY GRANTS SUBPART 1—GRANTS TO PUBLIC AND PRIVATE ENTITIES 3760 to 3762. Repealed. SUBPART 2—GRANTS TO PUBLIC AGENCIES 3762a, 3762b. Transferred. SUBPART 3—GENERAL REQUIREMENTS 3763, 3764. Transferred. SUBPART 4—GRANTS TO PRIVATE ENTITIES 3765. Transferred. Sec. PART C—ADMINISTRATIVE PROVISIONS 3766 to 3766b. Transferred. SUBCHAPTER VI—CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT PROGRAM 3769 to 3769d. Repealed. SUBCHAPTER VII—FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PERSONNEL 3771. Transferred. SUBCHAPTER VIII—ADMINISTRATIVE PROVISIONS 3781 to 3789p. Repealed or Transferred. SUBCHAPTER IX—DEFINITIONS 3791. Transferred. SUBCHAPTER X—FUNDING 3793 to 3793c. Repealed or Transferred. SUBCHAPTER XI—CRIMINAL PENALTIES 3795 to 3795b. Transferred. SUBCHAPTER XII—PUBLIC SAFETY OFFICERS’ DEATH BENEFITS PART A—DEATH BENEFITS 3796 to 3796c–3. Transferred. PART B—EDUCATIONAL ASSISTANCE TO DEPENDENTS OF CIVILIAN FEDERAL LAW ENFORCEMENT OFFICERS KILLED OR DISABLED IN LINE OF DUTY 3796d to 3796d–7. Transferred. SUBCHAPTER XII–A—REGIONAL INFORMATION SHARING SYSTEMS 3796h. Transferred. SUBCHAPTER XII–B—GRANTS FOR CLOSED-CIR- CUIT TELEVISING OF TESTIMONY OF CHIL- DREN WHO ARE VICTIMS OF ABUSE 3796aa to 3796aa–8. Repealed or Transferred. SUBCHAPTER XII–C—RURAL DRUG ENFORCEMENT 3796bb, 3796bb–1. Transferred. SUBCHAPTER XII–D—CRIMINAL CHILD SUPPORT ENFORCEMENT 3796cc to 3796cc–6. Transferred. SUBCHAPTER XII–E—PUBLIC SAFETY AND COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’ 3796dd to 3796dd–8. Transferred. SUBCHAPTER XII–F—JUVENILE ACCOUNTABILITY BLOCK GRANTS 3796ee to 3796ee–10. Transferred or Omitted. SUBCHAPTER XII–G—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS 3796ff to 3796ff–4. Transferred. SUBCHAPTER XII–H—GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN 3796gg to 3796gg–11. Repealed, Transferred, or Omitted. SUBCHAPTER XII–I—GRANTS TO ENCOURAGE AR- REST POLICIES AND ENFORCEMENT OF PRO- TECTION ORDERS 3796hh to 3796hh–5. Repealed or Transferred. SUBCHAPTER XII–J—MENTAL HEALTH COURTS 3796ii to 3796ii–8. Transferred. SUBCHAPTER XII–K—FAMILY SUPPORT 3796jj to 3796jj–7. Transferred.