Page:United States Statutes at Large Volume 102 Part 1.djvu/682

 102 STAT. 644

PUBLIC LAW 100-346—JUNE 24, 1988

Public Law 100-346 100th Congress An Act June 24 1988 ' [b. 794]

^° amend chapter 13 of title 18, United States Code, to impose criminal penalties for damage to religious property and for obstruction of persons in the free exercise of religious beliefs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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: 18 USC 247.

Commerce and t^^^^

"§ 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. "(h) 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 instrumenttdity of interstate or foreign commerce in interstate or foreign commerce; and "(2) in the case of an offense under subsection (a)(D, 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—

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