Federally Protected Activities (18 U.S.C. § 245)
Prohibits interference with individuals engaged in federally protected activities based on race, color, religion, or national origin.
Core Prohibition
§ 245(b)(2): Whoever, by force or threat of force, willfully injures, intimidates, or interferes with any person, or attempts to do so:
- Because of the person’s race, color, religion, or national origin, AND
- Because the person is, or has been, participating in a federally protected activity
”Federally Protected Activities”
§ 245(b)(2) lists enumerated activities, including:
- Voting or qualifying to vote
- Participating in programs administered by the federal government
- Applying for or enjoying federal employment
- Attending a public school or college
- Serving as a juror in a federal court
- Traveling in interstate commerce
- Using any public accommodation in interstate commerce (hotels, restaurants, gas stations)
Key Limitation: Nexus Requirement
Unlike Hate Crimes Prevention Act (18 U.S.C. § 249), § 245 requires that the victim be engaged in a specifically enumerated federally protected activity at the time of the interference. This significantly limits the statute’s reach — purely private-sphere hate crimes (not connected to a listed federal activity) may not be covered.
Elements
- By force or threat of force
- Willfully — defendant acted with purpose to interfere
- Because of race, color, religion, or national origin (both the victim’s characteristics and the federally protected activity must be the motivation)
- Victim was participating in a listed federally protected activity