Sec. 3. Lynching

690 words·~3 min read·/bill/115/s/3178/es/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Chapter 13 of title 18, United States Code, is amended by adding at the end the following: If 2 or more persons willfully cause bodily injury to any other person, because of the actual or perceived race, color, religion, or national origin of any person— each shall be imprisoned not more than 10 years, fined in accordance with this title, or both, if bodily injury results from the offense; or each shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if death results from the offense or if the offense includes kidnapping or aggravated sexual abuse.

If 2 or more persons, in any circumstance described in subparagraph (B), willfully cause bodily injury to any other person because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person— each shall be imprisoned not more than 10 years, fined in accordance with this title, or both, if bodily injury results from the offense; or each shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if death results from the offense or if the offense includes kidnapping or aggravated sexual abuse.

For purposes of subparagraph (A), the circumstances described in this subparagraph are that— the conduct described in subparagraph

(A)occurs during the course of, or as the result of, the travel of the defendant or the victim— across a State line or national border; or using a phone, the internet, the mail, or any other channel, facility, or instrumentality of interstate or foreign commerce; the defendant uses a phone, the internet, the mail, or any other channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A); in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or the conduct described in subparagraph (A)— interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; otherwise affects interstate or foreign commerce; or occurs within the special maritime or territorial jurisdiction of the United States. Whoever, within the special maritime or territorial jurisdiction of the United States, engages in conduct described in paragraph

(1)or in paragraph (2)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (2)(B)) shall be subject to the same penalties as prescribed in those paragraphs. Whoever attempts to commit any offense under this section— shall be imprisoned for not more than 10 years, fined in accordance with this title, or both; or if the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be imprisoned for any term of years of for life, fined in accordance with this title, or both. If 2 or more persons conspire to commit any offense under this section, and 1 or more of such persons do any act to effect the object of the conspiracy, each shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy. No prosecution of any offense described in this section may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that— the State does not have jurisdiction; the State has requested that the Federal Government assume jurisdiction; the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; or a prosecution by the United States is in the public interest and necessary to secure substantial justice. 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. . The table of sections for chapter 13 of title 18, United States Code, is amended by inserting after the item relating to section 249 the following: 250. Lynching. .