Hate crimeVerified against official source

§ 249(a)(1)–(2) — Bias-motivated bodily injury / attempted bodily injury — base offence

Imprisonment

0 (no mandatory prison) – 10 years

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

§ 249(a)(1): actual or perceived race, color, religion, or national origin — no interstate-commerce nexus element. § 249(a)(2): actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability — requires an interstate-commerce circumstance under § 249(a)(2)(B) or conduct in the special maritime/territorial jurisdiction (§ 249(a)(3)). 'Bodily injury' excludes solely emotional or psychological harm (§ 249(c)(1)).

§ 249(a)(1)–(2) — Aggravated: death results, or offence includes kidnapping / aggravated sexual abuse / attempt to kill

Imprisonment

Any term of years up to life

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

Attempted kidnapping and attempted aggravated sexual abuse are included in the aggravator.

§ 249(a)(5)–(6) — Conspiracy (incl. 'Lynching') — death or serious bodily injury results (or, for (a)(6), kidnapping / aggravated sexual abuse / attempt to kill)

Imprisonment

0 (no mandatory prison) – 30 years

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

§ 249(a)(5)–(6) added by the Emmett Till Antilynching Act (Pub. L. 117-107). No penalty is stated for a § 249 conspiracy without death, serious bodily injury, or (for (a)(6)) one of the listed aggravators — do not read the 0–30 year range as applying to every conspiracy. 'Serious bodily injury' as defined in 18 U.S.C. § 2246.

§ 245(b) — Federally protected activities — base offence

Imprisonment

0 (no mandatory prison) – 1 year

Fine

$0–$100,000 (individual; Class A misdemeanour, 18 U.S.C. § 3571(b)(5)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

By force or threat of force, willfully injuring/intimidating/interfering (or attempting) with a person because of, or to deter, participation in a listed federally protected activity (§ 245(b)(1)), or because of race, color, religion or national origin plus a listed activity (§ 245(b)(2)). Federal prosecution requires certification under § 245(a).

§ 245(b) — Bodily injury results, or use / attempted / threatened use of dangerous weapon, explosives, or fire

Imprisonment

0 (no mandatory prison) – 10 years

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

§ 245(b) — Death results, or offence includes kidnapping / aggravated sexual abuse / attempt to kill

Imprisonment

Any term of years up to life, or death

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

§ 247 — Damage to religious property / obstruction of free exercise — base offence

Imprisonment

0 (no mandatory prison) – 1 year

Fine

$0–$100,000 (individual; Class A misdemeanour, 18 U.S.C. § 3571(b)(5)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Requires an interstate-commerce circumstance (§ 247(b)); for property damage under § 247(a)(1), the loss must exceed $10,000. § 247(a)(1): defacing/damaging/destroying religious real property because of its religious character; § 247(a)(2): obstructing by force or threat of force a person's free exercise of religious beliefs.

§ 247 — Bodily injury results, or use / attempted / threatened use of dangerous weapon, explosives, or fire

Imprisonment

0 (no mandatory prison) – 10 years

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

§ 247 — Death results, or offence includes kidnapping / aggravated sexual abuse / attempt to kill

Imprisonment

Any term of years up to life, or death

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

§ 241 — Conspiracy against rights — base offence

Imprisonment

0 (no mandatory prison) – 10 years

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Two or more persons conspiring to injure, oppress, threaten, or intimidate any person in the free exercise/enjoyment of a right secured by the Constitution or laws of the United States, or because of having exercised it; includes going in disguise on the highway or another's premises for that purpose. NOT bias-only: no bias motive is an element.

§ 241 — Death results, or offence includes kidnapping / aggravated sexual abuse / attempt to kill

Imprisonment

Any term of years up to life, or death

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

§ 242 — Deprivation of rights under color of law — base offence

Imprisonment

0 (no mandatory prison) – 1 year

Fine

$0–$100,000 (individual; Class A misdemeanour, 18 U.S.C. § 3571(b)(5)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

Requires action under color of law. Covers willful deprivation of a federally secured right, or different punishments/pains/penalties on account of alienage, color, or race. NOT bias-only.

§ 242 — Bodily injury results, or use / attempted / threatened use of dangerous weapon, explosives, or fire

Imprisonment

0 (no mandatory prison) – 10 years

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

0 = the law sets no minimum prison term. The court is not required to impose prison. Depending on the offence, jurisdiction, and case, it may instead impose a non-custodial sentence — e.g. a suspended sentence, community order / probation, a fine, or a discharge.

§ 242 — Death results, or offence includes kidnapping / aggravated sexual abuse / attempt to kill

Imprisonment

Any term of years up to life, or death

Fine

$0–$250,000 (individual; 18 U.S.C. § 3571(b)(3)); or up to twice gross gain/loss (§ 3571(d))

ENHANCEMENT — U.S.S.G. § 3A1.1(a) — Hate Crime Motivation (+3 offense levels)

Imprisonment

No standalone term — +3 offense levels on the underlying offence

Fine

No standalone fine — the underlying offence's fine range applies

ENHANCEMENT, NOT A STANDALONE OFFENCE: applies only where the finder of fact at trial (or the court at sentencing on a guilty/nolo plea) determines beyond a reasonable doubt that the defendant intentionally selected the victim or property because of the actual or perceived race, color, religion, national origin, ethnicity, gender, gender identity, disability, or sexual orientation of any person. It raises the Guidelines offense level; it does not create its own fine or imprisonment range, and the resulting sentence still cannot exceed the underlying offence's statutory maximum. Does not apply on the basis of gender for a sexual offence, and does not apply if an adjustment under U.S.S.G. § 2H1.1(b)(1) applies. The Guidelines are advisory; the judge retains discretion within the statutory range.