A bill to amend chapter 13 of title 18, United States Code, to impose criminal penalties and provide a civil action for damage to religious property and for injury to persons in the free exercise of religious beliefs.
PL 100-346 (S.794), enacted 06/24/1988

102 STAT. 644 
PUBLIC LAW 100-346—JUNE 24, 1988 
Public Law 100-346 
100th Congress 
An Act 
June 24 1988 
^° amend chapter 13 of title 18, United States Code, to impose criminal penalties for 
' 
damage to religious property and for obstruction of persons in the free exercise of 
[b. 794] 
religious beliefs. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. CRIMINAL PENALTIES FOR DAMAGE TO RELIGIOUS PROP-
ERTY AND FOR OBSTRUCTION OF PERSONS IN THE FREE 
EXERCISE OF RELIGIOUS BELIEFS. 
Chapter 13 of title 18, United States Code, is amended by adding 
at the end the following new section: 
18 use 247. 
"§ 247. Damage to religious property; obstruction of persons in the 
free exercise of religious beliefs 
"(a) Whoever, in any of the circumstances referred to in subsec-
tion (b) of this section— 
"(1) intentionally defaces, damages, or destroys any religious 
real property, because of the religious character of that prop-
erty, or attempts to do so; or 
"(2) intentionally obstructs, by force or threat of force, any 
person in the enjoyment of that person's free exercise of reli-
gious beliefs, or attempts to do so; 
shall be punished as provided in subsection (c) of this section. 
"(h) The circumstances referred to in subsection (a) are that— 
Commerce and 
"(D in Committing the offense, the defendant travels in inter-
t^^^^ 
state or foreign commerce, or uses a facility or instrumenttdity 
of interstate or foreign commerce in interstate or foreign com-
merce; and 
"(2) in the case of an offense under subsection (aXD, the loss 
resulting from the defacement, damage, or destruction is more 
than $10,000. 
"(c) The punishment for a violation of subsection (a) of this section 
shall be— 
"(1) if death results, a fine in accordance with this title and 
imprisonment for any term of years or for life, or both; 
"(2) if serious bodily injury results, a fine in accordance with 
this title and imprisonment for not more than ten years, or 
both; and 
"(3) in any other case, a fine in accordance with this title and 
imprisonment for not more than one year, or both. 
"(d) No prosecution of any offense described in this section shall 
be undertaken by the United States except upon the notification in 
writing of the Attorney General or his designee that in his judgment 
a prosecution by the United States is in the public interest and 
necessary to secure substantial justice. 
"(e) As used in this section— 
j#Pr 
PUBLIC LAW 100-346—JUNE 24, 1988 
102 STAT. 645 
"(1) the term 'religious real property' means any church, 
synagogue, mosque, religious cemetery, or other religious real 
property; and 
"(2) the term 'serious bodily injury' means bodily injury that 
involves a substantial risk of death, unconsciousness, extreme 
physical pain, protracted and obvious disfigurement, or pro-
tracted loss or impairment of the function of a bodily member, 
org£m, or mental faculty.". 
SEC. 3. TECHNICAL AMENDMENT. 
The table of sections for chapter 13 of title 18, United States Code, 
is amended by adding at the end the following new item: 
"247. Damage to religious property; obstruction of persons in the free exercise of re-
ligious beliefs.'. 
Approved June 24, 1988. 
LEGISLATIVE HISTORY—S. 794 (H.R. 3258): 
HOUSE REPORTS: No. 100-337 accompanying H.R. 8258 (Comm. on the Judiciary). 
SENATE REPORTS: No. 100-324 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): Oct. 5, H.R. 8258 considered and passed House. 
Vol. 134 (1988): May 18, S. 794 considered and passed Senate. 
June 14, considered and passed House.