I 

118TH CONGRESS 

1ST SESSION H. R. 61 

To prevent and prosecute white supremacy inspired hate crime and conspiracy 

to commit white supremacy inspired hate crime and to amend title 

18, United States Code, to expand the scope of hate crimes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Ms. JACKSON LEE introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To prevent and prosecute white supremacy inspired hate 

crime and conspiracy to commit white supremacy inspired hate crime and to amend title 18, United States 

Code, to expand the scope of hate crimes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Leading Against White 

5 Supremacy Act of 2023’’. 

6 SEC. 2. WHITE SUPREMACY INSPIRED HATE CRIME. 

7 (a) IN GENERAL.—A person engages in a white su8 premacy inspired hate crime when white supremacy ideVerDate Sep 11 2014 02:01 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H61.IH H61

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1 ology has motivated the planning, development, prepara2 tion, or perpetration of actions that constituted a crime 

3 or were undertaken in furtherance of activity that, if effec4 tuated, would have constituted a crime. 

5 (b) CONSPIRACY.—A conspiracy to engage in white 

6 supremacy inspired hate crime shall be determined to 

7 exist— 

8 (1) between two or more persons engaged in the 

9 planning, development, preparation, or perpetration 

10 of a white supremacy inspired hate crime; or 

11 (2) between two or more persons— 

12 (A) at least one of whom engaged in the 

13 planning, development, preparation, or per14 petration of a white supremacy inspired hate 

15 crime; and 

16 (B) at least one of whom published mate17 rial advancing white supremacy, white suprema18 cist ideology, antagonism based on ‘‘replace19 ment theory’’, or hate speech that vilifies or is 

20 otherwise directed against any non-White per21 son or group, and such published material— 

22 (i) was published on a social media 

23 platform or by other means of publication 

24 with the likelihood that it would be viewed 

25 by persons who are predisposed to engagVerDate Sep 11 2014 02:01 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H61.IH H61

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1 ing in any action in furtherance of a white 

2 supremacy inspired hate crime, or who are 

3 susceptible to being encouraged to engage 

4 in actions in furtherance of a white su5 premacy inspired hate crime; 

6 (ii) could, as determined by a reason7 able person, motivate actions by a person 

8 predisposed to engaging in a white suprem9 acy inspired hate crime or by a person who 

10 is susceptible to being encouraged to en11 gage in actions relating to a white suprem12 acy inspired hate crime; and 

13 (iii) was read, heard, or viewed by a 

14 person who engaged in the planning, devel15 opment, preparation, or perpetration of a 

16 white supremacy inspired hate crime. 

17 (c) DEPARTMENT OF JUSTICE AUTHORITY, EN18 FORCEMENT, MONITORING, AND REPORTING.—The De19 partment shall have authority to conduct operations and 

20 activities pursuant to this section, specifically— 

21 (1) with regard to information or evidence ob22 tained by the Department of any action cited in this 

23 section, the Department shall have the authority to 

24 investigate, intercede, and undertake other actions 

25 that it deems necessary and appropriate to interdict, 


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1 mitigate, or prevent such action from culminating in 

2 violent activity; 

3 (2) the Department shall have the authority to 

4 prosecute persons who engaged in actions cited in 

5 this section; and 

6 (3) the Uniform Crime Reporting Program in 

7 the Department of Justice shall maintain records of 

8 white supremacy inspired hate crimes and related 

9 actions cited in this section, and enforcement actions 

10 in response thereto. 

11 The Department shall provide annual reports to the ap12 propriate committees in Congress that shall include infor13 mation cited in this paragraph. 

14 SEC. 3. CRIMINAL OFFENSE. 

15 Section 249(a)(1) of title 18, United States Code, is 

16 amended— 

17 (1) in the matter preceding subparagraph (A) 

18 by inserting after ‘‘race, color, religion, or national 

19 origin of any person’’ the following: ‘‘, or because of 

20 a white supremacy based motivation against any 

21 person’’; and 

22 (2) in subparagraph (B)— 

23 (A) in clause (i), by striking ‘‘or’’ at the 

24 end; 


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1 (B) in clause (ii), by striking the period 

2 and inserting ‘‘; or’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(iii) the offense was in furtherance of 

5 a white supremacy based motivation.’’. 

6 SEC. 4. FINDINGS. 

7 Section 4702 of the Matthew Shepard and James 

8 Byrd Jr. Hate Crimes Prevention Act (18 U.S.C. 249 

9 note) is amended by adding at the end the following: 

10 ‘‘(11) Mass shootings and other hate crimes 

11 motivated by white supremacy have been increasing 

12 in frequency and intensity. These heinous and viru13 lent crimes are inspired by conspiracy theories, bla14 tant bigotry, and mythical falsehoods such as ‘‘re15 placement theory’’. All instances must be prevented 

16 and severe criminal penalties must be applied to 

17 their perpetrators.’’. 

Æ 


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