Understanding 18 U.S. Code § 247 - Damage to Religious Property
18 U.S. Code § 247 is a federal statute that addresses the protection of religious property and the prosecution of crimes motivated by religious bias. This law is a crucial part of the United States’ efforts to safeguard religious freedom and prevent hate crimes targeting religious communities.
Overview of 18 U.S. Code § 247
This statute makes it a federal offense to intentionally deface, damage, or destroy religious real property because of the religious character of that property, or to obstruct any person in the enjoyment of their free exercise of religious beliefs through force or threat of force. The law applies to acts affecting interstate or foreign commerce, or when the offense is in or affects such commerce.
What is the 18 US Code 247 damage to religious property?
18 U.S. Code § 247 specifically criminalizes the intentional defacement, damage, or destruction of religious real property due to its religious nature. It also covers the use or threat of force to obstruct individuals from practicing their religion. Violations of this statute can result in significant penalties, including imprisonment and fines, especially if bodily injury or death results from the offense.
Elements of the Offense
- The act must be intentional.
- The property must be religious real property (such as a church, mosque, synagogue, or other place of worship).
- The act must be motivated by the religious character of the property or by an intent to obstruct religious exercise.
- The act must affect interstate or foreign commerce, or occur within federal jurisdiction.
Penalties and Sentencing
Penalties under 18 U.S. Code § 247 vary depending on the severity of the offense. If the crime results in bodily injury or involves the use of fire or explosives, the penalties are more severe, including the possibility of life imprisonment if death results.
Examples and Case Law
Cases prosecuted under this statute often involve vandalism, arson, or other attacks on places of worship. The law is designed to address hate crimes and ensure that individuals can freely practice their religion without fear of violence or intimidation.
Is it a federal crime to vandalize a church?
Yes, under 18 U.S. Code § 247, it is a federal crime to vandalize a church or any other religious property if the act is motivated by the religious character of the property or intended to interfere with religious exercise, and if it affects interstate or foreign commerce.
Related Federal Statutes
While 18 U.S. Code § 247 focuses on religious property, other federal statutes address damage to government property and other forms of hate crimes.
What is 18 USC damage to government property?
Damage to government property is addressed under a different statute, 18 U.S. Code § 1361. This law makes it a federal offense to willfully injure or commit depredation against any property of the United States, or any department or agency thereof, without authority.
Protecting Religious Freedom
The enactment and enforcement of 18 U.S. Code § 247 reflect the United States’ commitment to protecting religious freedom and combating hate crimes. Federal authorities work closely with local law enforcement to investigate and prosecute violations of this law.
What are crimes committed against religion?
Crimes committed against religion can include vandalism, arson, threats, or violence targeting religious property or individuals because of their faith. 18 U.S. Code § 247 specifically addresses crimes against religious property and the free exercise of religion, but other statutes may apply depending on the circumstances.
Conclusion
18 U.S. Code § 247 serves as a vital legal tool in the fight against religiously motivated hate crimes. By providing federal penalties for damaging religious property or obstructing religious exercise, the law helps ensure that all individuals can worship freely and safely.
