(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.
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