Fact Sheet: Hate Crimes and Prosecution of Civil Rights Violations

The U.S. Department of Justice has always been, and remains, deeply committed to the vigorous enforcement of our nation’s civil rights laws. In recent years, the Department has prosecuted a number of high-profile hate crime cases. As permitted by federal criminal law, the Department of Justice continues to aggressively prosecute those within our society who attack others because of the victims’ race, color, national origin, or religious beliefs.

Ongoing Commitment To Prosecuting Civil Rights Violations:

-In the last several years, the Criminal Section of the Civil Rights Division has set records and achieved notable successes in prosecuting defendants for civil rights violations.

-In fiscal year 2007, the Department convicted 189 defendants of civil rights violations, the largest number ever in the history of the Department.

-The fiscal year 2007 number broke the previous year’s record number of 181 defendants convicted.

-In fiscal year 2006, the Department charged 201 defendants with civil rights violations, the highest number ever recorded in the Criminal Section.

-From fiscal year 2001 to fiscal year 2007, the Department of Justice charged nearly 15 percent more defendants with civil rights violations than were charged from fiscal year 1994 through fiscal year 2000. (1159 vs. 1010)

-From fiscal year 2001 to fiscal year 2007, the Department of Justice charged 62 defendants in 41 cross-burning cases.

-In fiscal year 2007, the Department charged and convicted the second largest number of defendants for official misconduct, or color of law, violations in the history of the Department.

-From fiscal year 2001 to fiscal year 2007, the Department of Justice convicted over 50 percent more defendants with official misconduct, or color of law, violations than were convicted from fiscal year 1994 through fiscal year 2000. (391 vs. 256)

Response to Recent Noose-Hanging Incidents and Other Allegations:

In recent months, there have been reports from across the country of nooses appearing at schools, work places, and neighborhoods around the country. A noose is powerful symbol of hate and racially motivated violence, and it can constitute the basis of a prosecution under federal criminal civil rights laws in certain circumstances.

As part of the Justice Department’s racial threats initiative, the Department – including the Civil Rights Division, the U.S. Attorneys’ Offices and the Federal Bureau of Investigation – is working in partnership with state and local law enforcement and civil rights organizations to aggressively investigate dozens of noose-hangings and other recent racially motivated threats around the country. Where the facts and law warrant, these investigations will result in prosecution.

Recent Hate Crime and Race-Related Prosecutions:

-Some recent examples of cases prosecuted by the Civil Rights Division’s Criminal Section include:

-Conspiracy to threaten, assault, and murder African-Americans. United States v. Saldana: Four members of a violent Latino street gang in Los Angeles were convicted of participating in a conspiracy aimed at threatening, assaulting, and murdering African-Americans in a neighborhood claimed by the defendants’ gang. Three of the defendants were also charged with, and convicted of, a federal hate crime violation stemming from the murder of an African American who was killed because he was black and because he was using a public street claimed by the gang. All four defendants received life sentences. In recognition of the success in this case, the prosecution team was awarded the Anti-Defamation League’s 2007 Sherwood Prize for Combating Hate and the International Association of Chiefs of Police 2007 Civil Rights Award.

-Racial cross burnings outside homes. United States v. Shroyer and United States v. Youngblood: Individuals in Indianapolis and Detroit, respectively, were successfully prosecuted for burning crosses outside the homes of biracial families with the intent to interfere with victims’ housing rights.

-Racial intimidation of a biracial family. United States v. Fredericy and Kuzlik: Two men were convicted in Cleveland, Ohio, for their roles in pouring mercury, a highly toxic substance, on the front porch and driveway of a bi-racial couple and their young child. This racially-motivated act was done with the intent to force the victims out of their home.

-Assaults by members of national white supremacist organization. United States v. Walker: Three members of the National Alliance, a notorious white supremacist organization, were convicted for assaulting a Mexican-American bartender at his place of employment in Salt Lake City, Utah. These same defendants allegedly assaulted an individual of Native-American heritage outside another bar in Salt Lake City. The Anti-Defamation League praised the Division’s efforts in successfully prosecuting this important hate crimes case.

-Race-based murder of African-American. United States v. Eye and Sandstrom: The defendants in this pending death penalty case in Kansas City, Missouri, have been charged with shooting and killing an African-American man as he walked down the street. The government alleges that the defendants shot the victim because of his race and because he was walking on a public street. Trial is currently set for January 10, 2008. If the defendants are convicted, the Government will seek to have the death penalty imposed against them.

-Cold case against former Klansman for kidnapping and conspiracy in connection with murder of two African-Americans. United States v. Seale: This case stemmed from the 1964 murders of 19-year-old Charles Moore and Henry Dee in Franklin County, Mississippi. In June 2007, former Klansman James Seale, 71, was convicted of kidnapping and conspiracy in connection with the murders of Moore and Dee. The defendant received two life sentences. The Department continues to work with the National Association for the Advancement of Colored People, the National Urban League, and the Southern Poverty Law Center, to identify additional unresolved civil rights era murders.

Key Federal Hate Crime Statutes:

Federally Protected Activities, 18 U.S.C. § 245. The portion of Section 245 of Title 18 which is primarily enforced by the Criminal Section of the Civil Rights Division makes it unlawful to willfully injure, intimidate or interfere with any person, or to attempt to do so, by force or threat of force, BECAUSE OF that other person’s race, color, religion or national origin AND BECAUSE he or she is, or has been, engaging in one of six specifically-enumerated activities:

-Enrolling in or attending a public school or public college; Participating in or enjoying a benefit, service, privilege, program, facility or activity provided or administered by a state or local government;

-Applying for or enjoying employment, or any perquisite thereof, by a private or state employer;

-Serving as a juror or prospective juror in state court;

-Traveling in or using any facility of interstate commerce or transportation;

-Enjoying the services of a place of public accommodation, including a hotel, motels, restaurant, bar, gas station, theater, concert hall, sports arena, or other place of entertainment.

A violation of this statute is a misdemeanor, punishable by up to one year in prison, unless the offense involves an aggravating circumstance. If the crime results in bodily injury or involves a dangerous weapon or fire, the crime is punishable by up to 10 years imprisonment; if the offense results in death or involves kidnapping or aggravated sexual abuse, the crime is punishable by any term up to life, or by the death penalty.

Criminal Interference with Right to Fair Housing, 42 U.S.C. § 3631. Section 3631 of Title 42 makes it unlawful for an individual to use force or threaten to use force to injure, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with, any person’s BECAUSE OF that person’s race, color, religion, sex, handicap, familial status or national origin AND BECAUSE that person is exercising his or her housing rights.

Among the housing rights enumerated in the statute are the right to purchase, rent, or occupy a dwelling, and the right to contract for and finance those rights.

A violation of this statute is a misdemeanor, punishable by up to one year in prison, unless the offense involves an aggravating circumstance. If the crime results in bodily injury or involves a dangerous weapon or fire, the crime is punishable by up to 10 years imprisonment; if the offense results in death or involves kidnapping or aggravated sexual abuse, the crime is punishable by any term up to life, or by the death penalty.

Damage to Religious Property, 18 U.S.C. § 247. Section 247 of Title 18 prohibits anyone from intentionally defacing, damaging or destroying religious real property BECAUSE OF the religious nature of the property, SO LONG AS the crime is committed in or affects interstate commerce. The statute ALSO prohibits anyone from intentionally obstructing or attempting to obstruct, by force or threat of force, a person in the enjoyment of that person’s religious beliefs, SO LONG AS the crime is committed in or affects interstate commerce. Finally, the statute ALSO prohibits anyone from intentionally defacing, damaging or destroying any religious real property BECAUSE OF the race, color, or ethnic characteristics of any individual associated with the property, regardless of any connection to interstate or foreign commerce. Section 247 also prohibits attempts to do any of the above.

A violation of this statute is a misdemeanor, punishable by up to one year in prison, unless the offense involves an aggravating circumstance. If the crime results in bodily injury or involves the use, attempted use, or threatened use of dangerous weapon, explosives, or fire, the crime is punishable by up to 20 years imprisonment; if the crime results in bodily injury and involves a dangerous weapon or fire, the crime is punishable by up to 40 years imprisonment; if the offense results in death or involves an attempt to kill, kidnapping or attempted kidnapping, or aggravated sexual abuse or attempted aggravated sexual abuse, the crime is punishable by any term up to life, or by the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

Conspiracy Against Rights, 18 U.S.C. § 241. Section 241 of Title 18 is the civil rights conspiracy statute. Section 241 makes it unlawful for two or more persons to agree together to injure, threaten, or intimidate a person in any state, territory or district in the free exercise or enjoyment of any right or privilege secured by the Constitution or the laws of the Unites States. An offense under section 241 is the agreement itself; the statute does not require that one of the conspirators commit an overt act in furtherance of the agreement.

A violation of this statute is a felony punishable by up to 10 years in prison, unless death results or the offense involves kidnapping, aggravated sexual abuse or an attempt to kill, in which case the offense is punishable by up to life in prison, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.