Section 18 U.S. Code § 249, known as the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, criminalizes intentionally causing or attempting bodily harm to someone based on race, color, religion, national origin, gender, gender identity, or sexual orientation.

This law applies if the conduct affects interstate commerce or occurs within the United States' special maritime and territorial jurisdiction, including ships and aircraft in international waters or airspace, as well as U.S. embassies and consulates abroad.

Federal law prohibits willfully causing a bodily injury to someone based on race, religion, national origin, gender, or sexual orientation.

Penalties range from up to 10 years in prison for basic offenses to lengthy or life sentences if death or serious crimes like kidnapping or sexual assault result. 

The law prohibits intentionally harming someone based on their protected characteristic. Additionally, it forbids attempting to cause injury to another person using a dangerous weapon, firearm, fire, or explosive or incendiary device, if motivated by their protected characteristic. 

The law, with its broad scope, addresses crimes driven by the victim's actual or perceived race, color, religion, national origin, gender, gender identity, sexual orientation, or disability.

To prosecute at the federal level, the crime must occur during or because of interstate or foreign travel, involve a channel, facility, or instrument of interstate or foreign commerce, or happen within the jurisdiction of the United States, underscoring the seriousness of the crime. 

Key Takeaways

• Federal hate crime laws make it a serious offense to commit acts of violence against individuals based on protected characteristics such as race, religion, national origin, gender, sexual orientation, gender identity, or disability.
• Many states have enacted laws banning specific hate crimes. Still, it is also a federal crime to intentionally cause harm or attempt to do so against someone based on their actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation.
• Depending on the case and the extent of harm, a person convicted of a federal hate crime could face a life imprisonment sentence.
• When federal prosecutors identify a crime motivated by particular traits of the victim, the offender may face harsher penalties under state or federal hate crime laws. Federal legislation includes sexual orientation and gender identity among the protected classes.
• A hate crime prosecution is classified as a civil rights violation. If found guilty, federal law imposes strict penalties.
• Title 18 U.S.C. 249 was enacted to address gaps and bolster the law, enabling prosecutors to apprehend and prosecute hate crime offenders more effectively. 

What is the Content of Section 249?

Title 18 U.S.C. § 249 - Hate Crime Acts says, 

"(1) Offenses involving actual or perceived race, color, religion, or national origin.—

Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person—

(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if

(i) death results from the offense; or

(ii) 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."

In simple terms, 18 U.S.C. 249 classifies certain acts as federal crimes under hate crime laws: intentionally inflicting bodily harm or trying to inflict harm with fire, firearms, explosives, or other dangerous weapons.

People Covered by the Hate Crimes Law 

Under 18 U.S.C. 249, it is a felony to commit either of the aforementioned acts against victims due to their actual or perceived connection with the following:

• Their particular race, color, religion, or national origin in general; OR
• Their religion, national origin, gender, sexual orientation, gender identity, or disability are protected if the action involves crossing state lines or impacts interstate or foreign commerce.

This provision addresses hate crimes across state boundaries that would otherwise be covered only by individual state laws within their own jurisdictions. A crucial aspect of this law is the term 'actual or perceived' (race, religion, etc.)

This broadens the scope of hate crimes to include victims who are believed to have a protected characteristic, even if the assumption is wrong. For instance, if a person is attacked because they are perceived to be Muslim, even if they are not, it still constitutes a federal hate crime.

Therefore, harming someone because of a mistaken belief that they belong to a protected group—such as thinking they are Jewish when they are not—still constitutes a federal hate crime, just as if the victim truly belonged to that group.

What Are the Federal Laws That Are Related?

18 U.S. Code Chapter 13, Part 1, Civil Rights lists the federal statutes dealing with civil rights violations, including the following:

• 18 U.S.C. 241. Conspiracy against rights
• 18 U.S.C. 242. Deprivation of rights under color of law
• 18 U.S.C. 243. Exclusion of jurors on account of race or color
• 18 U.S.C. 244. Discrimination against a person wearing the uniform of the armed forces
• 18 U.S.C. 245. Federally protected activities
• 18 U.S.C. 246. Deprivation of relief benefits
• 18 U.S.C. 247. Damage to religious property; obstruction of persons in the free exercise of religious beliefs
• 18 U.S.C. 248. Freedom of access to clinic entrances
• 18 U.S.C. 249. Hate crime acts
• 18 U.S.C.250. Penalties for civil rights offenses involving sexual misconduct

What Are the Penalties for Violating Section 249?

Penalties for violating 18 U.S.C. § 249 vary depending on the specific case, but can be quite severe. Generally, a federal hate crime conviction under this law can result in sentences such as:

• Imprisonment for a maximum of 10 years; or
• A penalty of up to $250,000.

However, under specific circumstances, the maximum penalty for this hate crime can be increased to life imprisonment. This applies if the crime involves any of the following:

• Kidnapping
• Attempted kidnapping
• Attempted murder
• Aggravated sexual assault
• Attempted aggravated sexual assault
• The death of any individual caused by the crime

What Defenses Exist Against Federal Hate Crime Charges?

If you are charged with a federal hate crime, a skilled federal criminal defense attorney will aim to either fully exonerate you or have the hate crime element removed from the charges. This might involve reclassifying the case as a state rather than a federal crime, meaning it would be tried in a state court under state law rather than in a federal court under federal law. The most common defenses are discussed below. 

We might argue that you did not intentionally harm the victim or try to do so. In other words, the injury was accidental. Additionally, we could contend that you were not involved in a hate crime. For instance, you might have been present in a group where certain individuals committed the act, but you were not an active participant.

You might argue that your actions did not target the alleged victim because of a protected characteristic. While you may have harmed the individual, it was not based on race, religion, or other protected attributes. Contact our law firm to go over the details and explore legal options if you're facing accusations of a hate crime. We may also negotiate with the federal prosecutor to seek a more favorable resolution.

Eisner Gorin LLP, based in Los Angeles, California, provides federal criminal legal services to clients nationwide. Reach out to us for a case review by phone or via our contact form.

Related Content:

• CA Hate Crime Laws
• Title 18 U.S. Code 249 
• 18 U.S. Code Chapter 13