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DEPRIVATION OF RIGHTS UNDER COLOR OF LAW
Summary:
Title 18 USC Section 242 makes it a crime for a person acting under color of any
law to willfully deprive a person of a right or privilege protected by the
Constitution or laws of the United States.
For the purpose of
Title 18 USC Section 242, acts under "color of law" include acts not only by federal,
state, or local officials within the their lawful authority, but prosecutions done
beyond the bounds of that official's lawful authority, if the acts are done
while the official is purporting to or pretending to act in the performance of
his/her official duties. Persons acting under color of law within Title 18 USC Section 242 include police officers, prisons guards and other law enforcement
officials, as well as judges, care providers in public health facilities, and
others who are acting as public officials. It is not necessary that the crime be
motivated by animus toward the race, color, religion, sex, handicap, familial
status or national origin of the victim.
The offense is
punishable by a range of imprisonment up to a life term, or the death penalty,
depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 242
Whoever, under
color of any law, statute, ordinance, regulation, or custom, willfully subjects
any person in any State, Territory, Commonwealth, Possession, or District to the
deprivation of any rights, privileges, or immunities secured or protected by the
Constitution or laws of the United States, ... shall be fined under this title
or imprisoned not more than one year, or both; and if bodily injury results from
the acts committed in violation of this section or if such acts include the use,
attempted use, or threatened use of a dangerous weapon, explosives, or fire,
shall be fined under this title or imprisoned not more than ten years, or both;
and if death results from the acts committed in violation of this section or if
such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or
an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be
fined under this title, or imprisoned for any term of years or for life, or
both, or may be sentenced to death.
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